Bharat Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23964 of 2022 Arising Out of PS. Case No.-417 Year-2021 Thana- LAHERIMUHALLA District- Nalanda ====================================================== BHARAT BHUSHAN Son of Dashrath Prasad Sah Resident of village - Bela Chand, P.O.- Mohnea Chakla, P.S.- Banmankhi, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-10-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Laheri P.S. Case No. 417 of 2021 registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.

The learned counsel for the petitioner has submitted that the petitioner has no concern with the vehicle wherefrom the illicit liquor was recovered, though he was owner of that vehicle, but prior to the occurrence, he has sold that vehicle to Jagdish Prasad. He has submitted further that the petitioner is a person of clean antecedent.

Patna High Court CR. MISC. No.23964 of 2022(2) dt.12-10-2022 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. Since the provision of Section 438 of the Cr.P.C. is not applicable in respect of offences under the Bihar Prohibition and Excise Act, 2016, as such, this 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 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 conscious possession and he has already sold his vehicle to someone else. With these observations, this criminal miscellaneous petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T