Patna High CourtCR. MISC./24082/2022disposed

Shambhu Yadav v. The State Of Bihar

2022-10-13Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24082 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- LADANIA District- Madhubani ====================================================== SHAMBHU YADAV S/o Rajendra Yadav Resident of Village- Yogiya, P.S.- Ladaniya, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-10-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Ladaniya P.S. Case No. 49 of 2022, registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act.

Learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and his name has figured in confessional statement of co-accused.

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., as

Patna High Court CR. MISC. No.24082 of 2022(2) dt.13-10-2022 2/2 such, this anticipatory bail application is not maintainable. The petitioner is directed to surrender before the court below and make a prayer for regular bail. If he files a petition for regular bail that shall be disposed of on the date of its filing without being prejudiced by this order. With these observations, the criminal miscellaneous petition is disposed of.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-sonali U T