Raja Kumar @ Raja Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43427 of 2021 Arising Out of PS. Case No.-252 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== 1.

RAJA KUMAR @ RAJA SAHANI Son of Mahendra Sahani Resident of Village - Jhakhiya, P.S. Banjariya, District - East Champaran. 2.

Rahul Kumar Son of Bhagelu Sahani Resident of Village - Jhakhiya, P.S. Banjariya, District - East Champaran.

3.

Jitendera Kumar @ Jitendra Sahani Son of Late Ramjanam Sahani Resident of Village - Jhakhiya, P.S. Banjariya, District - East Champaran. 4.

Bhuwan Kumar @ Bhuwan Sahani Son of Durga Sahani Resident of Village - Jhakhiya, P.S. Banjariya, District - East Champaran. 5.

Ram Ekbal Kumar Sahani @ Ram Balak Sahani Son of Sri Bhagwan Sahani Resident of Village - Jhakhiya, P.S. Banjariya, District - East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-04-2022 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Turkauliya (Banjariya) P.S. Case No. 252 of 2021, registered for the offences punishable under Sections 272, 273, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Section 76 (2) of the Bihar Prohibition and Excise Act,

Patna High Court CR. MISC. No.43427 of 2021(2) dt.11-04-2022 2/2 2016 makes an explicit embargo on entertaining the application 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 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