Rakesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44121 of 2021 Arising Out of PS. Case No.-221 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Rakesh Ram, Male, aged about 29 years, Son of Late Daroga Ram, Resident of Village- Siyari, P.S.- Barhariya, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-04-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with C-III P.S. Case No. 221 of 2021 registered for offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act., 2016.

Learned counsel for the petitioner has submitted that the alleged liquor was recovered from the godown of coaccused Manoj Singh, who fled away taking the benefit of dark. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.44121 of 2021(2) dt.11-04-2022 2/2 the alleged liquor was recovered from co-accused Manoj Singh and not from Rakesh Ram.

Be that as it may, the provisions as per Section 76(2) of the Bihar Prohibition and Excise Act, 2016 and the provisions of Section 438 of the Code of Criminal Procedure, 1973 are not applicable in the cases under Bihar Prohibition and Excise Act, 2016, as such, this anticipatory bail application is not maintainable.

If the petitioner surrenders before the Court below and makes a prayer for regular bail, the learned Court below shall consider on the same day on its own merits, without being prejudiced by the order of this Court.

With these observations, this anticipatory bail application is being dismissed, as not maintainable. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Anand Kr.

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