Patna High CourtCR. MISC./57208/2021dismissed

Md. Moin v. The State Of Bihar

2022-07-18Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57208 of 2021 Arising Out of PS. Case No.-297 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== MD. MOIN Son of Late Md. Taslim Resident of Village- Dagarua, P.SDagarua, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Buxi SRP Sinha, Sr. Advocate Mr. Nitesh Kumar Mr.Md. Hussain For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 274, 275 and 276 of the Indian Penal Code, Sections 27(b) II/28/27 (D) of Drugs and Cosmetic Act, 21(c) of the NDPS Act, 1940 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, registered in connection with Purnia Sadar P.S.Case No. 297 of 2021.

Section 76(2) of the Bihar Prohibition and Excise Act,

Patna High Court CR. MISC. No.57208 of 2021(3) dt.18-07-2022 2/2 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C.

Since the provision of Section 438 of the Cr.P.C. is not applicable in respect of offences under the Bihar Prohibition and Excise Act, 2016, as such, this anticipatory bail application is dismissed as not maintainable.

If the petitioner surrender and seeks regular bail before the court below, it shall be disposed of on its own merit, without being prejudiced by this order.

Office shall ensure that all the defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T