Gulab Sahni v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29901 of 2017 Arising Out of PS.Case No. -166 Year- 2017 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Gulab Sahni son of Late Yugeshwar Sahni, Resident of Village - Basaitha, P.S. - Saraiya, District - Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the State : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.
2. Apprehending his arrest in connection with Saraiya P.S.Case No.166 of 2017 registered for the offences under Sections 272, 273 and 290 of the Indian Penal Code and Sections 38 and 41 of the Bihar Prohibition and Excise Act, 2016, 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 subsection (2) of Section 76 of the Bihar Prohibition and Excise Act, 2016 (for short '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
Patna High Court Cr.Misc. No.29901 of 2017 (2) dt.13-07-2017 2/2 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'.
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