Prabhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.104 of 2022 Arising Out of PS. Case No.-362 Year-2021 Thana- KUCHAIKOTE District- Gopalganj ====================================================== PRABHU YADAV SON OF BANARAS YADAV RESIDENT OF HOUSE NO 2179, GALI NO 60, B BLOCK SANT NAGAR, BURARI, NORTH DELHI, DELHI- 110084 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== 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 Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Kuchaikote P.S.Case No. 362 of 2021.

As per the submission of the learned counsel for the petitioner, he is is the owner of the bus bearing registration no. UP17AT 6231. The petitioner is residing in Delhi and he handed over the bus to the driver and khalasi (cleaner) to ply on DelhiMuzaffarpur route. Illicit liquor was recovered from the dickey of that bus. As per submission, the petitioner is innocent buss owner. After handing over the bus to the driver and cleaner he

Patna High Court CR. MISC. No.104 of 2022(2) dt.01-08-2022 2/2 was not aware of the consignment loaded in the dickey of the bus. He is a person of clean antecedent.

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 the petitioner is merely an owner of the bus having clean antecedent.

With these observations, the application stands disposed of.

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