Baua Sahu @ Baua Lal Sahu @ Bauaalal Sahu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47080 of 2021 Arising Out of PS. Case No.-117 Year-2021 Thana- BIRAUL District- Darbhanga ====================================================== BAUA SAHU @ BAUA LAL SAHU @ BAUAALAL SAHU S/O MAHAVIR SAHU R/o village- Ghoghsar, P.O. and P.S.- Biraul, DistrictDarbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 17-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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

The petitioner apprehend his arrest for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, registered in connection with Biraul P.S.Case No. 117 of 2021.

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. Since the provision of Section 438 of the Cr.P.C. is

Patna High Court CR. MISC. No.47080 of 2021(2) dt.17-05-2022 2/2 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 seeks regular bail before the court below, the court below shall consider the same on its own merit, without being prejudiced by this order. The learned court below may also take notice of the fact that the alleged recovery was made from behind a Panchayat Bhawan. 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