Patna High CourtCR. MISC./5444/2018dismissed

Arvind Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5444 of 2018 Arising Out of PS.Case No. -419 Year- 2017 Thana -SHASTRINAGAR District- PATNA ====================================================== Arvind Kumar S/o Late Sakal Roy, resident of Mohalla- Hanuman Mandir, 79 Mohanpur, Punaichak, Pump House, Patna, P.S.- Shastri Nagar, DistrictPatna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lovekush Kumar, Advocate For the State : Mr. Amrendra Prasad, 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 Spl. Case No.4281 of 2017 arising out of Shastri Nagar P.S. Case No.419 of 2017 registered under Sections 30(a), 32, 38(1)(2), 41 and 47 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

Patna High Court Cr.Misc. No.5444 of 2018 (2) dt.02-02-2018 2/2 the statutory bar to grant of pre-arrest bail to those booked under the Bihar Prohibition and Excise Act, 2016, in my considered 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