Patna High CourtCR. MISC./31389/2017dismissed

Surendra Sao v. The State Of Bihar

2017-07-13Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31389 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -SALAIYA District- AURANGABAD ====================================================== Surendra Sao, Son of Gulawat Sao, Resident of Village- Salaiya, P.S.- Salaiya, District- Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Ahtash Ali Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

2. Apprehending his arrest in connection with Salaiya P.S. Case No. 13 of 2017 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Sections 272 and 273 of the Indian Penal Code, 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 subsection (2) of Section 76 of the Bihar Prohibition and Excise Act, 2016 (for short 'the Act') as also in view of the order dated

Patna High Court Cr.Misc. No.31389 of 2017 (2) dt.13-07-2017 2 / 2 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 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 an 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 prearrest bail to the petitioner in a case involving accusation of offence committed under '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.) Sanjeet/- U T