Patna High CourtCR. MISC./69971/2021disposed

Urmila Devi v. The State Of Bihar

2022-07-27Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69971 of 2021 Arising Out of PS. Case No.-187 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.

URMILA DEVI Wife of Chandeshwar Choudhary Residence of Village - Rupnarayapur Bela, Ward No.- 5, P.S.- Muffasil, Dist.- Samastipur. 2.

Suresh Choudhary Son of Chandeshwar Choudhary Residence of Village - Rupnarayapur Bela, Ward No.- 5, P.S.- Muffasil, Dist.- Samastipur. 3.

Sakti Chaoudhary Son of Chandeshwar Choudhary Residence of Village - Rupnarayapur Bela, Ward No.- 5, P.S.- Muffasil, Dist.- Samastipur. 4.

Raja Chouadhary Son of Chandeshwar Choudhary Residence of Village - Rupnarayapur Bela, Ward No.- 5, P.S.- Muffasil, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niraj Lochan Jha For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-07-2022 The learned counsel for the petitioners 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 petitioners apprehends their arrest for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Samastipur Muffasil P.S.Case No. 187 of 2021.

Section 76(2) of the Bihar Prohibition and Excise Act,

Patna High Court CR. MISC. No.69971 of 2021(2) dt.27-07-2022 2/2 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C.

The petitioners are directed to surrender and seek regular bail before the court below, that shall be disposed of on its own merit. The learned court below may take notice of the fact that the petitioners are the persons of clean antecedent. With these observations, the application is disposed of as not maintainable.

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