Patna High CourtCR. MISC./31611/2017dismissed

Vishal Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31611 of 2017 Arising Out of PS.Case No. -113 Year- 2017 Thana -MUNGER MUFFASIL District- MUNGER ====================================================== Vishal Kumar, Son of Ran Yadav, Resident of Village-Shankarpur, P.S.- Muffassil, District- Munger ... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, 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 Muffasil P.S.Case No. 113 of 2017 registered for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016 and Section 25(1-A) (1-AA), 25(1-b)(a) and 26(i) (ii) of the Arms Act, the petitioner has filed the present application under Section 438 of the Code of Criminal Procedure for grant of prearrest bail.

3. In view of the provision prescribed under subsection (2) of Section 76 of the Bihar Prohibition and Excise Act,

Patna High Court Cr.Misc. No.31611 of 2017 (2) dt.13-07-2017 2 / 2 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. 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 an 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.

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