Faju Sheikh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44215 of 2021 Arising Out of PS. Case No.-1 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Araria ====================================================== FAJU SHEIKH S/o JAMRI SHEIKH R/o VILLAGE-BANGARIA BHOLA DANGA, P.S.-NAKA SIPARA, DISTRICT- NADIA (WEST BENGAL). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-04-2022 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 Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Special Case No. 31 of 2020, arising out of Sadar Anchal (Circle) Araria Excise Case No. 1 of 2020 registered for the offence punishable under sections 30 (a), 32 (3), 33, 38 and 41 of the Bihar Prohibition and Excise Act, 2016. So far as the maintainability of the bail petition is concerned, Section 76 (2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the

Patna High Court CR. MISC. No.44215 of 2021(2) dt.12-04-2022 2/2 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.

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) Mahesh/- U T