Shashi Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51580 of 2021 Arising Out of PS. Case No.-117 Year-2021 Thana- KALUAHI District- Madhubani ====================================================== SHASHI THAKUR SON OF SHRI AWADHI THAKUR RESIDENT OF VILLAGE- KASMA MARAR, P.S.- KHAJAULI, DISTRICTMADHUBANI ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-08-2022 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.

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

Learned counsel for the petitioner has submitted that illicit liquor was not recovered from the possession of the petitioner and he was not arrested at the spot. He is a person of clean antecedent and his name has figured in the confessional statement of co-accused Ram Kumar Sahani.

Be that as it may, section 76 (2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the

Patna High Court CR. MISC. No.51580 of 2021(3) dt.29-08-2022 2/2 application under Section 438 of the Cr.P.C., as such, this anticipatory bail application is not maintainable. If the petitioner surrenders before the court below and makes a prayer for regular bail, that shall be disposed of on the same day of its filing, on its own merit without being prejudiced by this order. The learned court below may take notice of the fact that the petitioner is a person of clean antecedent and there is nothing against him except the confessional statement of co-accused. With these observations, the criminal miscellaneous petition is disposed of.

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