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Patna High CourtCR. MISC./43433/2021dismissed

Mani Yadav v. The State Of Bihar

2022-05-12Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43433 of 2021 Arising Out of PS. Case No.-97 Year-2021 Thana- LAXMIPUR District- Jamui ====================================================== 1.

MANI YADAV S/o Shankar Yadav Resident of Sabalpur Post Digghi, Sabalpur, P.S. - Laxmipur, District - Jamui.

2.

Vidyanand Yadav S/O Vindeshwari Yadav Resident of Sabalpur Post Digghi, Sabalpur, P.S. - Laxmipur, District - Jamui.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-05-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

The petitioners apprehend their arrest for the offences alleged under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016, registered in connection with Laxmipur P.S.Case No.97 of 2021.

Section 76(2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application

Patna High Court CR. MISC. No.43433 of 2021(4) dt.12-05-2022 2/2 under Section 438 of the Cr.P.C.

Since the provision of Section 438 of the Cr.P.C. is not applicable in respect of offences under the Bihar Prohibition and Excise Act, 2016, as such, this anticipatory bail application is dismissed as not maintainable.

If the petitioners surrender and seek regular bail before the court below, the court below shall consider the same on its own merit.

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