Binod Ram @ Vinod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31667 of 2021 Arising Out of PS. Case No.-11 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== BINOD RAM @ VINOD RAM Son of Late Nathuni Ram, Resident of Village - Said Nagar (Sednagar), P.S.- Muffasil Motihari, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-02-2022 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.

The petitioner apprehends his arrest in connection with Motihari Muffasil P.S. Case No. 11 of 2020 registered for the offence punishable under sections 272, 273 of the Indian Penal Code and sections 30 (a), 37 (c) of the Bihar Prohibition and Excise Act, 2016.

So far as the maintainability of the bail petition is

Patna High Court CR. MISC. No.31667 of 2021(2) dt.01-02-2022 2/2 concerned, 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 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