Patna High CourtCR. MISC./47870/2021dismissed

Ankit Kumar v. The State Of Bihar

2022-05-18Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47870 of 2021 Arising Out of PS. Case No.-307 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== ANKIT KUMAR S/o Kamlesh Kumar Singh, R/o Village - Somnaha, Ward No. -6, P.S. - Chakmehsi, Dist. - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-05-2022 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 Darbhanga P.S. Case No. 307 of 2020 registered for the offence punishable under section 30 (a) 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 application under Section 438 of the Cr.P.C.

Patna High Court CR. MISC. No.47870 of 2021(2) dt.18-05-2022 2/2 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 petitioner surrenders and files regular bail petition, it shall be considered on its own merit without being prejudiced by this order. The learned court below will also take notice of the fact that the petitioner is a person of clean antecedent and he is a bona fide owner of the vehicle wherefrom the liquor was recovered.

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