Vishwajit Byahut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22007 of 2022 Arising Out of PS. Case No.-27 Year-2021 Thana- SITAMARHI District- Sitamarhi ====================================================== VISHWAJIT BYAHUT Son of Mohan Prasad Resident of Village - Court Bazar, Ward No. 12, P.S. - Sitamarhi, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-09-2022 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 Sitamarhi P.S. Case No. 27 of 2021. There are three cases pending against the petitioner, out of which, one case is of similar nature, as mentioned in paragraph no. 3 of this bail petition.

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 this petition is not

Patna High Court CR. MISC. No.22007 of 2022(2) dt.30-09-2022 2/2 maintainable. Accordingly, it is rejected.

Office shall ensure that all 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) kundan/- U T