Sukul Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22100 of 2022 Arising Out of PS. Case No.-661 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== SUKUL SAHANI S/o- LATE HALKHORI SAHANI Resident of VillageTikuliya Dab Tola, P.S.- Motihari Muffasil, District- Eat Champaran. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-10-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as the learned APP for the State.
The petitioner apprehends his arrest in connection with Motihari Muffasil P.S. Case No. 661 of 2021, registered for the offences punishable under Section 30 (a), (b) 32, 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and his name has figured in the confessional statement of co-accused.
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., as such, this
Patna High Court CR. MISC. No.22100 of 2022(2) dt.10-10-2022 2/2 anticipatory bail application is not maintainable. If the petitioner surrenders before the court below and makes a prayer for regular bail, that shall be disposed of on the same day of its filing, without being prejudiced by this order. The learned court below may take notice of the fact that the petitioner is a person of clean antecedent and nothing was recovered from his possession. With these observations, the criminal miscellaneous petition is disposed of.
Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court (Nawneet Kumar Pandey, J) SONALI/- U T