Shrikant Kumar Yadav @ Shrikant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47097 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- KURTHA District- Jehanabad ====================================================== SHRIKANT KUMAR YADAV @ SHRIKANT YADAV Son of Ranjit Yadav Resident of Village- Suryamal Bigha (Dharnai), P.S.- Banshi, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr. J.N. Thakur ====================================================== 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 learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Excise Case no. 114 of 2021 arising out of Kurtha P.S. Case no. 15 of 2021 registered under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018.

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 not

Patna High Court CR. MISC. No.47097 of 2021(2) dt.17-05-2022 2/2 applicable in respect of offence under Bihar Prohibition and Excise Act, 2016, as such, this anticipatory bail application is dismissed as not maintainable.

If the petitioner surrenders before the court below and prays for regular bail, his regular bail application shall be disposed of without being prejudiced by this order. The learned court below may also take notice of the fact that name of the petitioner has figured in the confessional statement of coaccused and the petitioner is person of clean antecedents. 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) s.hassan/- U T