Patna High CourtCR. MISC./31806/2017dismissed

Monu Kumar Pandey v. The State Of Bihar

2017-07-13Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31806 of 2017 Arising Out of PS.Case No. -556 Year- 2016 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Monu Kumar Pandey, Son of Laxuman Pandey, (Instead of 'Monu Baba, Son of unknown' as per the F.I.R.), Resident of Village- Harigaon, Post office- Dulhinganj, Police Station- Jagdishpur, District- Bhojpur (Bihar). .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Pathak, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 13-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

2. Apprehending his arrest in connection with Mohania P.S. Case No. 556 of 2016 registered for the offence under Section 30(a) of the Bihar Excise (Amendment) Act, 2016, the petitioner has filed the present application under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail.

3. In view of the provision prescribed under subsection (2) of Section 76 of the Bihar Prohibition and Excise Act, 2016 (for short 'the Act') as also in view of the order dated 07.07.2017 passed by this Court in the matter of Ashok Sahani Vs.

Patna High Court Cr.Misc. No.31806 of 2017 (2) dt.13-07-2017 2 / 2 State of Bihar (Cr. Misc. No. 26109 of 2017), I am of the considered opinion that an application under Section 438 of the Code of Criminal Procedure, 1973 would not be maintainable in any case involving the arrest of any person on accusation of offence committed under 'the Act'.

4. Hence, the present application filed under Section 438 of the Code of Criminal Procedure for grant of prearrest bail to the petitioner in a case involving accusation of offence committed under 'the Act' is disposed of as not maintainable.

5. In case the petitioner surrenders and seeks bail, the court below shall keep in mind the observations made by this Court in the aforementioned order dated 07.07.2017 passed in Cr. Misc. No.26109 of 2017 while disposing of the bail application on merits.

(Ashwani Kumar Singh, J) Sanjeet/- U T