Ram Niwas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48993 of 2021 Arising Out of PS. Case No.-251 Year-2020 Thana- RUPASPUR District- Patna ====================================================== RAM NIWAS KUMAR S/o SRI RAM SWAROOP SINGH R/o VILLAGEREVASARAI, P.S-MANER, DISTRICT-PATNA AT PRESENT C/o DR. SUMAN KUMAR, HARSA CLINIC, EAST BORING CANAL ROAD, TRIGUN APARTMENT, P.S-BUDHA COLONY, DISTRICT-PATNA. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 10-02-2022 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 as well as the learned APP for the State through video conferencing. The petitioner apprehends his arrest in connection with Rupaspur P.S. Case No. 251 of 2020, registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act, 2016.

As submitted, the petitioner was the owner of the scooty where from the alleged liquor of small quantity was recovered. He has further submitted that the petitioner is not named in the FIR and even the arrested persons did not disclose the name of the present petitioner. He has also submitted that the petitioner has already sold

Patna High Court CR. MISC. No.48993 of 2021(2) dt.10-02-2022 2/2 the scooty in favour of co-accused Deepak Kumar son of Suresh Rai and the documents of the sale has been annexed as Annexure-2. Despite all the submissions, the 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. Accordingly, the anticipatory bail application is disposed of with the observation that if the petitioner surrenders before the court below and files regular bail petition, his regular bail shall be disposed of on the same day and this fact may be taken notice of by the learned court below that the petitioner was bona fide owner of the scooty, moreover he has already transferred that scooty to the coaccused Deepak Kumar. Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey , J) SONALI/- U T