Sidhnath Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21963 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== SIDHNATH THAKUR SON OF LATE BISHWA BHARAN THAKUR R/O VILLAGE- MADHUBANI, P.S.- SADAR AND DISTRICTMUZAFFARPUR, BIHAR- 843113 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Griyaghey For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-09-2022 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 Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Muzaffarpur Sadar P.S.Case No. 95 of 2021.

Learned counsel for the petitioner has submitted that a very little quantity of liquor was recovered from the back side of the house of the petitioner. He is a person of clean antecedent.

Patna High Court CR. MISC. No.21963 of 2022(2) dt.28-09-2022 2/2 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. 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. The learned court below may take notice of the fact that the petitioner has no criminal antecedent.

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