Patna High CourtCR. MISC./24049/2022disposed

Mukesh Sahni v. The State Of Bihar

2022-10-12Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24049 of 2022 Arising Out of PS. Case No.-797 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== MUKESH SAHNI S/o Late Mishree Sahni R/o Village - Chhajan, Bishunpur, P.S.- Kudhani, Dist.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bipin Chandra For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== 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 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, 2016, registered in connection with Kudhani (Turki O.P.) P.S.Case No. 797 of 2020.

Learned counsel for the petitioner has submitted that nothing was recovered from his possession and he is a person of clean antecedent.

Be that as it may, Section 76(2) of the Bihar

Patna High Court CR. MISC. No.24049 of 2022(2) dt.12-10-2022 2/2 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 shall take notice of the fact that the petitioner is a person of clean 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