Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56575 of 2021 Arising Out of PS. Case No.-437 Year-2020 Thana- SIWAN MUFFASIL District- Siwan ====================================================== GUDDU KUMAR S/o Aklu Mahto R/o village- Mahua Singh Rai, P.S.- Mahua, Distt.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr.Kanhaiya Kishore (APP 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 04-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Siwan Muffasil P.S. Case No. 437 of 2020 registered for the offence punishable under sections 272 and 273 of the Indian Penal Code and section 30 (a) and 38 (i) and 41 (i) of the Bihar Prohibition and Excise Act, 2016.

The learned counsel for the petitioner has submitted that the petitioner is the bona fide owner of Maruti Suzuki vehicle. Co-accused persons had hired the vehicle of the petitioner for marriage party and from the said vehicle, 40 litres liquor was recovered. He has submitted further that the petitioner has no

Patna High Court CR. MISC. No.56575 of 2021(2) dt.04-07-2022 2/2 concern with the alleged liquor and he is not named in the FIR, but has been arrayed on the basis of confessional statement of coaccused persons, who were arrested at the spot. Be that as it may, Section 76 (2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C. As such, this anticipatory bail application is not maintainable and it is disposed of. At the same time, it is observed that if the petitioner surrenders before the court below and makes prayer for regular bail, his petition for regular bail shall be disposed of on the same day without being prejudiced by this order.

While disposing of the regular bail petition, the learned court below may take notice of the fact that the petitioner is a bona fide owner of the vehicle, he was not arrested at the spot and he is a person of clean antecedent. Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/Aditi U T