Nanhak Dhangar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21971 of 2022 Arising Out of PS. Case No.-324 Year-2021 Thana- KOTWA District- East Champaran ====================================================== NANHAK DHANGAR Son of Late Prasad Dhangar Resident of Village - Dipau Dhangar Toli, P.S.- Kotwa, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 30(a), (b), (c), 32 and 34 of the Bihar Prohibition and Excise Act, registered in connection with Kotwa P.S.Case No. 324 of 2021.

Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and nothing was recovered from his possession.

Be that as it may, Section 76(2) of the Bihar

Patna High Court CR. MISC. No.21971 of 2022(2) dt.29-09-2022 2/2 Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C. hence it is not maintainable.

If the petitioner surrenders and seeks regular bail before the court below, that shall be disposed of on the same day, without being prejudiced by this order.

With these observations, the application stands disposed of.

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

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