Patna High CourtCR. MISC./36368/2021disposed

Jainendra Kumar Gupta @ Jitendra Kumar Gupta v. The State Of Bihar

2022-02-03Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36368 of 2021 Arising Out of PS. Case No.-217 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== JAINENDRA KUMAR GUPTA @ JITENDRA KUMAR GUPTA Son of Kanhaiya Prasad Gupta Resident of Village - Thakur Salen Dahiyawa Tola, P.S.- Chapra Town, Distt.- Saran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-02-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as the learned APP for the State through video conferencing. The petitioner apprehends his arrest in connection with Excise Case No. 217 of 2020, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner by drawing my attention towards seizure list has submitted that the alleged recovery was not from the house nor from his possession rather

Patna High Court CR. MISC. No.36368 of 2021(2) dt.03-02-2022 2/2 it was recovered from a machan situated near the house of the present petitioner.

There is explicit embargo as per provisions of Section 76 (2) of the Bihar Prohibition and Excise Act, 2016 for entertaining the application under Section 438 of the Cr.P.C. As such, the present anticipatory bail petition is being disposed of as not maintainable.

But at the same time, it is observed that if the petitioner surrenders before the court below, the learned court below may consider his prayer for regular bail petition on the same day and may also notice the fact that the alleged recovery was neither from the house of the petitioner nor from his possession rather it was recovered from a machan situated near the house of the petitioner.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

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