Patna High CourtCR. MISC./71532/2021disposed

Chandrabindu Kumar @ Chintu Rai v. The State Of Bihar

2022-08-01Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71532 of 2021 Arising Out of PS. Case No.-284 Year-2019 Thana- NADI P.S. District- Patna ====================================================== CHANDRABINDU KUMAR @ CHINTU RAI Son of Sri Ram Naresh Rai R/v- Jethuli, P.S.- Nadi, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest for the offences alleged under Sections 30(a)of the Bihar Prohibition and Excise (Amendment) Act, 2018, registered in connection with Nadi P.S.Case No. 284 of 2019.

The learned counsel for the petitioner has submitted that there is no allegation against the petitioner. The allegation is on co-accused Akhilesh Kumar for the storage of illicit liquor who has been granted anticipatory bail by a coordinate Bench of

Patna High Court CR. MISC. No.71532 of 2021(2) dt.01-08-2022 2/2 this Court, vide Cr.Misc. No. 14282 of 2020.

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. hence it is not maintainable.

If the petitioner surrenders and seeks regular bail before the court below, that shall be disposed of on the same day, without being prejudiced by this order. The learned court below may take notice of the fact that co-accused Akhilesh Kumar has been granted anticipatory bail by a coordinate Bench of this Court.

With these observations, the application stands disposed of.

Office shall ensure that all the defects are removed by the petitioners 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