Patna High CourtCR. MISC./5416/2018dismissed

Chandan Kumar Gupta v. The State Of Bihar

2018-02-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5416 of 2018 Arising Out of PS.Case No. -277 Year- 2017 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Chandan Kumar Gupta S/o Kamta Prasad @ Kamta Prasad Gupta, resident of village- Bahera, P.S.- Kargahar, District- Rohtas at Sasaram. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the State : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Kargahar P.S. Case No.277 of 2017 registered under Sections 272, 273 and 120B of the Indian Penal Code and Sections 30(a), 35 and 41 of the Bihar Prohibition and Excise Act, 2016. Section 76(1) of the Bihar Prohibition and Excise Act, 2016 stipulates that all offences under this Act shall be cognizable and non-bailable. Its sub-section (2) stipulates that section 438 of the Code of Criminal Procedure shall not apply to the offences under the Excise Act.

Keeping in mind the allegations made in the F.I.R. and the statutory bar to grant of pre-arrest bail to those booked under the Bihar Prohibition and Excise Act, 2016, in my considered

Patna High Court Cr.Misc. No.5416 of 2018 (2) dt.02-02-2018 2/2 opinion, an application under Section 438 of the Code of Criminal Procedure in the present matter is not maintainable. Thus, the petition is dismissed as not maintainable. In case the petitioner surrenders and seeks bail, the learned Special Judge shall be required to dispose of the same on merits taking into consideration the observations made by this Court in the matter of Ashok Sahani vs. State of Bihar [(2017) 3 PLJR 632].

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