Lal Babu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32921 of 2021 Arising Out of PS. Case No.-357 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ====================================================== LAL BABU YADAV S/O GUPTESHWAR YADAV @ BHUWAR YADAV R/o village- Piraota, P.S.- Arrah Muffasil, District- Bhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-02-2022 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 the learned APP for the State through video conferencing. The petitioner apprehends his arrest in connection with Excise Case No. 2008 of 2018 arising out of Ara Muffasil P.S. Case No. 357 of 2018 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act. 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

Patna High Court CR. MISC. No.32921 of 2021(2) dt.02-02-2022 2/2 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.

If the petitioner surrenders and seeks regular bail before the court below, the court below shall consider the same on its own merit.

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) SONALI/- U T