Hira Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26038 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -SIRDALA District- NAWADA ====================================================== Hira Chaudhary S/o Prameshwar Chaudhary, resident of village- Jaghaur, P.S.- Sirdala, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Deo Raj, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== 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 Sirdala P.S.Case No. 58 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', I am of the considered opinion that an application under Section 438 of the 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'.

Patna High Court Cr.Misc. No.26038 of 2017 (2) dt.07-07-2017 2/2 4.

Hence, the present application filed under Section 438 of the Code of Criminal Procedure for grant of prearrest 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