Daya Ram Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19295 of 2022 Arising Out of PS. Case No.-259 Year-2020 Thana- BAKHARI District- Begusarai ====================================================== DAYA RAM MAHTO S/o Sita Ram Mahto, Resident of Village- Bahorchak, P.S.- Bakhri, Dist- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 20-10-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Bakhri P.S. Case No. 259/2020 registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

Be that as it may, Section 76 (2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C. Since the provision of Section 438 of the Cr.P.C. is

Patna High Court CR. MISC. No.19295 of 2022(2) dt.20-10-2022 2/2 not applicable in respect of offences under the Bihar Prohibition and Excise Act, 2016, as such, this anticipatory bail application is dismissed, as not maintainable.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T