Pratyush Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11591 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- MATIHANI District- Begusarai ====================================================== PRATYUSH BHARTI SON OF ARUN KUMAR SINGH, R/O VILL.- RATANPUR WARD NO. 20, P.S.- BEGUSARAI TOWN (RATANPUR O.P.), DISTRICT- BEGUSARAI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

Mr.Braj Bhushan Poddar For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-01-2022 Heard the learned counsel for the petitioner as well as Additional Public Prosecutor for the State through video conferencing.

The petitioner apprehends his arrest in connection with Matihani P.S. Case No. 16/2020 registered for the offence punishable under section 120 (B) of the Indian Penal Code and sections 30 (a), 32 of the Bihar Prohibition and Excise Amendment Act, 2018.

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 application under Section 438 of the Cr.P.C.

Since the provision of Section 438 of the Cr.P.C. is

Patna High Court CR. MISC. No.11591 of 2021(5) dt.24-01-2022 2/2 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.

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