Sanjiv Yadav @ Sanjit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22946 of 2022 Arising Out of PS. Case No.-82 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== SANJIV YADAV @ SANJIT KUMAR S/o Yugeshwar Yadav Resident of Village- Dhurlakha, P.S.- Muffasil, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-10-2022 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 341, 323, 224, 225, 353 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, registered in connection with Muffasil P.S.Case No. 82 of 2022. Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and he is the proprietor of Anand Nursing Home. He has falsely been

Patna High Court CR. MISC. No.22946 of 2022(2) dt.10-10-2022 2/2 implicated in this case.

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.

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