Patna High CourtCR. MISC./47844/2021disposed

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

2022-09-26Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47844 of 2021 Arising Out of PS. Case No.-172 Year-2021 Thana- HATHUA District- Gopalganj ====================================================== CHANDAN YADAV @ CHANDAN KUMAR YADAV S/o LOHAN YADAV @ RAJENDRA CHOUDHARY R/o VILLAGE-MAJIRWA KALA, P.S-FULWARIYA, DISTRICT-GOPALGANJ.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhramveer For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2022 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 apprehends his arrest for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, registered in connection with Hathua P.S.Case No. 172 of 2021.

Learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. There is no criminal antecedent of similar nature of case against the petitioner and the vehicle wherefrom the liquor was recovered was not

Patna High Court CR. MISC. No.47844 of 2021(3) dt.26-09-2022 2/2 belonging to the petitioner.

Be that as it may, 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. hence it is not maintainable.

If the petitioner surrenders and seeks regular bail before the court below, that shall be disposed of on its own merit on the same day, without being prejudiced by this order. The learned court below shall take notice of the fact that there is no criminal antecedent of similar nature of case against the petitioner and he is neither the driver nor the owner of the vehicle wherefrom the alleged liquor was recovered. With these observations, the application stands disposed of.

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