Patna High CourtCR. MISC./70042/2021dismissed

Vinod Rai v. The State Of Bihar

2022-09-26Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70042 of 2021 Arising Out of PS. Case No.-370 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== VINOD RAI Son of Ram Pravesh Rai, Resident of Village- Khajauli, P.S.- Lalganj, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Bela Singh, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 26-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as Mr. Narendra Kumar Singh, the learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Lalganj P.S. Case No. 370 of 2020 registered for the offence punishable under sections 420, 467, 468, 471, 353 of the Indian Penal Code and sections 30 (a) (c) (d), 36, 41 (i) of the Bihar Prohibition and Excise Act, 2018.

The learned counsel for the petitioner has submitted that nothing was recovered from the house of the petitioner. The petitioner has one criminal antecedent, as mentioned in paragraph no. 3 of this bail petition.

Patna High Court CR. MISC. No.70042 of 2021(4) dt.26-09-2022 2/2 Be that as it may, 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. 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.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

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