Rupesh Kumar @ Chunnu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61475 of 2021 Arising Out of PS. Case No.-138 Year-2021 Thana- FULKAHA District- Araria ====================================================== RUPESH KUMAR @ CHUNNU YADAV Son of Ramesh Yadav, R/o Village- Mirzapur, Ward No. -02, P.S.- Fulkaha, District- Araria, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-07-2022 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 Fulkana P.S. Case No. 138/2021 registered for the offence punishable under sections 30 (a) and 41 (1) of the Bihar Prohibition and Excise Act, 2016.

The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent, he was not arrested at the spot and his name has figured in confessional statement of co-accused Krishna Yadav, who was arrested at the spot with a motor cycle wherefrom 76 litres of illicit liquor was being transported.

Patna High Court CR. MISC. No.61475 of 2021(2) dt.13-07-2022 2/2 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 Code of Criminal Procedure. As such, this anticipatory bail application is not maintainable.

If the petitioner surrenders before the court below and makes a prayer for regular bail, that shall be disposed of on its own merit 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 person of clean antecedent and his name has figured in confessional statement of co-accused Krishna Yadav.

With these observations, this petition is disposed of. 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/- U T