Sohan Kumar @ Sohan Kumar Sharma @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61400 of 2021 Arising Out of PS. Case No.-78 Year-2021 Thana- PUSA District- Samastipur ====================================================== SOHAN KUMAR @ SOHAN KUMAR SHARMA @ CHHOTU S/o LATE CHANDESHWAR PRASAD SHARMA, R/o VILLAGE-MADAPUR CHAPRA, WARD No.10, P.S-PUSA, DISTRICT-SAMASTIPUR, PIN CODE-848125 (BIHAR).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Shahnawaz Ali For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-09-2022 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 Pusa Police Station Case No. 78 of 2021, registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.

So far as the maintainability of the bail petition is concerned, Section 76 (2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the

Patna High Court CR. MISC. No.61400 of 2021(3) dt.15-09-2022 2/2 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/Nirmal U T