Patna High CourtCR. MISC./22951/2022disposed

Dharmenra Ray v. The State Of Bihar

2022-10-10Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22951 of 2022 Arising Out of PS. Case No.-92 Year-2022 Thana- FATUA District- Patna ====================================================== DHARMENRA RAY Son of late Lal Bahadru Ray Resident of Village - Fatehjangpur, P.s.- Nadi, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== 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 30(a) and 36 of the Bihar Prohibition and Excise (Amendment) Act, registered in connection with Nadi P.S.Case No. 92 of 2022. Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and nothing was recovered from his bed room. Though the illicit liquor was recovered from his joint house, but he is not involved in that

Patna High Court CR. MISC. No.22951 of 2022(2) dt.10-10-2022 2/2 occurrence. He resides out of the State for earning his livelihood 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