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Patna High CourtCR. MISC./28049/2017dismissed

Niraj Tiwary @ Niraj Kumar Tiwary v. The State Of Bihar

2017-07-07Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28049 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -DUMRIAGHAT District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Niraj Tiwary @ Niraj Kumar Tiwary Son of Late Birendra Tiwary Resident of Village - Pandey Tola, Baturahan, P.S. - Dumariya, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

2.

Apprehending his arrest in connection with Dumariaghat P.S.Case No.50 of 2017 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (for short 'the Act'), the petitioner has filed the present application under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail.

3.

In view of the provision prescribed under sub-section

(2) of Section 76 of 'the Act', as also in view of the order dated 07.07.2017 passed by this Court in the matter of Ashok Sahani Vs. State of Bihar (Cr.Misc. No. 26109 of 2017), I am of the

Patna High Court Cr.Misc. No.28049 of 2017 (2) dt.07-07-2017 2/2 considered opinion that an application under Section 438 of the Code of Criminal Procedure, 1973 would not be maintainable in any case involving the arrest of any person on accusation of offence committed under 'the Act'.

4.

Hence, the present application filed under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail to the petitioner in a case involving accusation of offence committed under the 'the Act' is disposed of as not maintainable. 5.

In case the petitioner surrenders and seeks bail, the court below shall keep in mind the observations made by this Court in the aforementioned order dated 07.07.2017 passed in Cr.Misc. No. 26109 of 2017 while disposing of the bail application on merits.

(Ashwani Kumar Singh, J) Pradeep/- U T