Patna High CourtCR. MISC./31091/2017dismissed

Sanju Sahani @ Raj Karan Sahani @ Raj Kumar Sahani And ANR v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31091 of 2017 Arising Out of PS.Case No. -207 Year- 2017 Thana -TURKAULIYA District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Sanju Sahani @ Raj Karan Sahani @ Raj Kumar Sahani

2. Pradeep Sahani @ Pradeep Kumar Sahani Both sons of Arun Sahani, resident of village-Raghunathpur, P.S.- Raghunathpur (O.P. Turkaulia), District-East Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ramchandra Sahni, Advocate For the Opposite Party/s : Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 13-07-2017 Heard learned counsel for the petitioners and learned counsel for the State.

2. Apprehending their arrest in connection with Turkaulia (Raghunathpur) P.S. Case No.207 of 2017 registered for the offence under Section 30(a), 36 and 38(i) of the Bihar Prohibition and Excise Act, 2016, the petitioners have 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 sub-

Patna High Court Cr.Misc. No.31091 of 2017 (2) dt.13-07-2017 2 / 2 section (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. 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 petitioners in a case involving accusation of offence committed under 'the Act' is disposed of as not maintainable.

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