Patna High CourtCR. MISC./66015/2021dismissed

Pintu Kumar v. The State Of Bihar

2022-07-21Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66015 of 2021 Arising Out of PS. Case No.-244 Year-2021 Thana- RAFIGANJ District- Aurangabad ====================================================== PINTU KUMAR Son of Ramashish Paswan Resident of Village - Vishrampur, P.s.- Deo , Distt.- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-07-2022 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 petitioners and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 328 and 120(B) of the Indian Penal Code and Sections 30(a), 30(c) and 34 of the Bihar Prohibition and Excise (Amendment) Act, 2018, registered in connection with Rafiganj P.S.Case No. 244 of 2021. 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.

Patna High Court CR. MISC. No.66015 of 2021(2) dt.21-07-2022 2/2 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 same shall be considered and disposed of without being prejudice by this order. The learned court below may also take notice of this fact that the petitioner is the owner of the vehicle and he was not arrested at the spot. Office shall ensure that all the defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

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