Birendra Rai @ Birendra Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.111 of 2022 Arising Out of PS. Case No.-280 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1.

BIRENDRA RAI @ BIRENDRA KUMAR RAI Son of Vishwanath Rai Resident of Village - Pakaha, P.S.- Baikunthpur, Distt.- Gopalganj. 2.

Shyam Babu Rai Son of Kisun Ray Resident of Village - Sitalpur, P.S.- Baikunthpur, Distt.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-08-2022 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 apprehend their arrest for the offences alleged under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2018, registered in connection with Baikunthpur P.S.Case No. 280 of 2021. The learned counsel for the petitioners has submitted that, though petitioners are named in the FIR, but nothing was recovered from their conscious possession. The illicit liquor was recovered from a sugarcane field. Petitioners are persons of clean antecedent.

Be that as it may, Section 76(2) of the Bihar

Patna High Court CR. MISC. No.111 of 2022(2) dt.01-08-2022 2/2 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 petitioners surrender and seek 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 illicit liquor was not recovered from the conscious possession of the petitioners rather it was recovered from a sugarcane field and the petitioners are persons of clean antecedents. 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