Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27860 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -PAKARIBARAW District- NAWADA ====================================================== Kamlesh Kumar son of Raj Kumar Prasad, resident of village - Sonubigha (Sonu Bigha), P.S. - Kadirganj, District Nawada. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Smt. Indu Bala Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

2.

Apprehending his arrest in connection with Pakribarawan (Dhamoul) P.S.Case No. 20 of 2017 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (for short 'the Act'), the petitioner has filed the present application under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail.

3.

In view of the provision prescribed under sub-section

(2) of Section 76 of 'the Act', as also in view of the order dated 07.07.2017 passed by this Court in the matter of Ashok Sahani Vs. State of Bihar (Cr.Misc. No. 26109 of 2017), I am of the considered opinion that an application under Section 438 of the

Patna High Court Cr.Misc. No.27860 of 2017 (2) dt.07-07-2017 2/2 Code of Criminal Procedure, 1973 would not be maintainable in any case involving the arrest of any person on accusation of offence committed under 'the Act'.

4.

Hence, the present application filed under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail to the petitioner in a case involving accusation of offence committed under the 'the Act' is disposed of as not maintainable. (Ashwani Kumar Singh, J) Md.S./- U T