Patna High CourtCR. MISC./60789/2024disposed

Kundan Ray @ Kundan Kumar v. The State Of Bihar

2024-12-16Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60789 of 2024 Arising Out of PS. Case No.-1410 Year-2024 Thana- Excise P.S. District- Patna ====================================================== Kundan Ray @ Kundan Kumar Son of Ashok Ray Resident of College Ghat (Nai Sarak Kinare), P.S.- Chowk, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-12-2024 Heard the learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Patna Exclusive (Excise) P.S. Case No. 1410 of 2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. Recovery is of 40 litres of illicit country made liquor.

4. The learned counsel for the petitioner has submitted that the petitioner is a person of clean antecedent and has falsely been implicated in this case. He has further submitted that the petitioner has no concerned with the alleges seized liquor.

5. On the other hand, learned APP for the State has

Patna High Court CR. MISC. No.60789 of 2024(3) dt.16-12-2024 2/2 opposed the prayer for bail.

6. 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.

7. 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.

8. If the petitioner surrenders before the court below and makes a prayer for regular bail, that shall be disposed of on the same day of its filing, on its own merit without being prejudiced by this order.

9. With these observations, this application is disposed of.

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