Patna High Court/6949/2021dismissed

Abhishek Chaudhary v. The State Of Bihar

2021-12-21Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6949 of 2021 Arising Out of PS. Case No.-805 Year-2017 Thana- NAGAR District- Vaishali ====================================================== ABHISHEK CHAUDHARY Son of Shri Birendra Choudhary Resident of Mohalla - Bharatr Raut Katra, Rajendra More, P.O. - Hajipur, P.S. - Hajipur Town, District - Vaishali (Bihar).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. P.K.Shahi, Sr. Advocate Mr.Ganga Prasad Bimal For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-12-2021 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 188/120/34 of the Indian Penal Code and Sections 30/38 of the Bihar Prohibition and Excise Act, 2016, registered in connection with Hajipur Town P.S.Case No. 805 of 2017.

Section 76(2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application

Patna High Court CR. MISC. No.6949 of 2021(2) dt.21-12-2021 2/2 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 surrenders and seeks regular bail before the court below, the court below shall consider the same on its own merit.

Office shall ensure that all the defects are removed by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey J) HR/- U T