Patna High CourtCR. MISC./6919/2021dismissed

Amaldeo Bhagat @ Amaldeo Chaurasiya v. The State Of Bihar

2021-12-15Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6919 of 2021 Arising Out of PS. Case No.-301 Year-2020 Thana- ADAPUR District- East Champaran ====================================================== AMALDEO BHAGAT @ AMALDEO CHAURASIYA SON OF NAGENDRA BHAGAT, RESIDENT OF VILLAGE - SHYAMPUR, P.S.- ADAPUR, DIST.- EAST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. Learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. The petitioner apprehends his arrest in connection with Adapur P.S. Case No. 301 of 2020 registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.

The learned counsel for the petitioner has submitted that the field from which 65 litres of country made liquor was recovered, does not belong to the petitioner. So far as the maintainability of the bail petition is concerned, Section 76 (2) of the Bihar Prohibition and Excise

Patna High Court CR. MISC. No.6919 of 2021(2) dt.15-12-2021 2/2 Act, 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.

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