Mukesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35117 of 2021 Arising Out of PS. Case No.-571 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== MUKESH RAI Son of Jagdish Rai, Resident of Village - East Dahiyawan, P.S. - Chapra Town, District - Saran at Chapra (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-02-2022 Heard the learned counsel for the petitioner as well as Additional Public Prosecutor for the State through video conferencing.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

On last occasion, the prayer for adjournment of this case was made by the learned counsel for the petitioner. Today also, the same prayer has been made.

The case has been registered under sections 30(a)/41(i) (ii) of the Bihar Prohibition and Excise Act. So far as the maintainability of the bail petition is concerned, Section 76 (2) of the Bihar Prohibition and Excise

Patna High Court CR. MISC. No.35117 of 2021(3) dt.10-02-2022 2/2 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 dismissed, as not maintainable.

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