Md. Usman Raeen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9003 of 2021 Arising Out of PS. Case No.-335 Year-2019 Thana- PAKARIBARAW District- Nawada ====================================================== MD. USMAN RAEEN SON OF SULEMAN MIYAN @ SULEMAN RAEEN R/O VILLAGE- PAKRI, P.S.-PAKARIWARAN, DISTRICTNAWADA. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-02-2022 The 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 through video conferencing. The petitioner apprehends his arrest for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, registered in connection with Pakariwaran P.S.Case No. 335 of 2019.

As per the allegation, 110 litres of country-made liquor was recovered from the house of the present petitioner. The learned counsel for the petitioner has submitted that the house from which the liquor was recovered was not of

Patna High Court CR. MISC. No.9003 of 2021(5) dt.11-02-2022 2/2 the petitioner and this fact has been emerged during the course of investigation.

Be that as it may, by virtue of Section 76(2) of the Bihar Prohibition and Excise Act, 2016, there is explicit embargo on entertaining the application under Section 438 of the Cr.P.C. As such, the anticipatory bail petition is dismissed as not maintainable.

If the petitioner surrenders and seeks regular bail, the court below shall consider the same on its own merit, without being prejudiced by this order.

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

(Nawneet Kumar Pandey, J) HR/- U T