Savitri Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32942 of 2017 Arising Out of PS.Case No. -46 Year- 2017 Thana -KUTUMBA District- AURANGABAD ====================================================== Savitri Devi W/o Satyendra Mehta Resident of Village-Risiup Mohan Bigha, P.S. Risiup District Aurangabad (Bihar) At Present resident at Vedvyas Brahmanitarang P.s. Brahmnitarang District Sundergarh (Odisha) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate For the Opposite Party/s : Smt Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

2. Apprehending her arrest in connection with Kutumba P. S. Case No.46 of 2017 registered for the offences under Sections 30(d) and 33 of the Bihar Prohibition and Excise Act, 2016, 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, 2016, the instant application preferred under Section 438 of the

Patna High Court Cr.Misc. No.32942 of 2017 (2) dt.20-07-2017 P2/ Code of Criminal Procedure, 1973 is not maintainable. Accordingly, it is dismissed as not maintainable.

4. It is made clear that this Court has not examined the merits of the case. Hence, in case the petitioner surrenders and seeks bail, the court below shall consider her application on its own merit without being prejudiced in any manner by this order. (Ashwani Kumar Singh, J.) Kanchan/- U T