Akhilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24965 of 2019 Arising Out of PS. Case No.-246 Year-2018 Thana- BENIPATTI District- Madhubani ====================================================== AKHILESH YADAV S/o- Yogi Yadav, R/O Village- Manparur, P.S.- Benipatti, District- Madhubani.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjay Kumar Jha, Advocate For the Opposite Party :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Benipatti P. S. Case No. 246 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Considering that sub-section (2) of Section 76 of the Bihar Prohibition and Excise Act, 2016 bars application of Section 438 of the Code of Criminal Procedure as also the ratio laid down by the Full Bench of this Court in the matter of Ram Vinay Yadav vs. the State of Bihar, since reported in 2019(2) PLJR 1089, since the ingredients of the offence punishable under the Excise Act are attracted, the application for grant of

Patna High Court CR. MISC. No.24965 of 2019(4) dt.17-08-2019 2/2 pre-arrest bail is rejected as not maintainable. (Ashwani Kumar Singh, J) kanchan/- U T