Patna High CourtCR. MISC./24985/2022disposed

Rajeev Sah v. The State Of Bihar

2022-10-13Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24985 of 2022 Arising Out of PS. Case No.-32 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== RAJEEV SAH S/o Maheshwar Sah @ Mahesar Sah Resident of VillageSukhasani, Ward No.13, P.S.- Uda Kishunganj, O.P.- Budhma, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Parmeshwar Mehta For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-10-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, registered in connection with Madhepura Excise Case No. 32 of 2021.

As per allegation, 24 litres illegal chulai wine has been recovered from the Chabutara, adjacent to the house of the petitioner.

Patna High Court CR. MISC. No.24985 of 2022(2) dt.13-10-2022 2/2 Learned counsel for the petitioner has submitted that the alleged recovery has not been made from the conscious possession of the petitioner.

Be that as it may, 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. hence it is not maintainable.

If the petitioner surrenders and seeks regular bail before the court below, that shall be disposed of on the same day, without being prejudiced by this order.

With these observations, the application stands disposed of.

Office shall ensure that all the defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T