Manoj Kumar @ Manoj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28545 of 2017 Arising Out of PS.Case No. -135 Year- 2017 Thana -MANER District- PATNA ====================================================== Manoj Kumar @ Manoj Kumar Yadav S/o Sri Ram Babu Rai, R/vBramchari, P.S.-Manner, Distt.-Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate For the Opposite Party/s : Smt. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

2. Apprehending his arrest in connection with Manner P.S.Case No. 135 of 2017 registered for the offences under Sections 290 of the Indian Penal Code and 30(a) 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, the instant application preferred under Section 438 of the Code of Criminal Procedure, 1973 is not maintainable.

Patna High Court Cr.Misc. No.28545 of 2017 (2) dt.20-07-2017 P2/ Accordingly, it is dismissed as not maintainable.

4. It is made clear that this Court has not examined the merits of the case. Hence, in case the petitioner surrenders and seeks bail, the court below shall consider his application on its own merit without being prejudiced in any manner by this order. (Ashwani Kumar Singh, J.) Kanchan/- U T