Guddu Tanti @ Guddu Kumar Tanti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27499 of 2017 Arising Out of PS.Case No. -227 Year- 2017 Thana -SHEKHPURA District- SEKHPURA ====================================================== Guddu Tanti @ Guddu Kumar Tanti son of Raj Kumar Tanti, resident of Khand Par, P.S. + District- Sheikhpura.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar, Advocate For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

2.

Apprehending his arrest in connection with Excise Case No. 450 of 2017 arising out of Sheikhpura P.S.Case No.227 of 2017 registered for the offence under Section 30(a)(d) of the Bihar Prohibition and Excise Act, 2016 (for short 'the Act'), the petitioner has filed the present application under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail. 3.

In view of the provision prescribed under sub-section

(2) of Section 76 of 'the Act', as also in view of the order dated 07.07.2017 passed by this Court in the matter of Ashok Sahani Vs. State of Bihar (Cr.Misc. No. 26109 of 2017), I am of the considered opinion that an application under Section 438 of the Code of Criminal Procedure, 1973 would not be maintainable in

Patna High Court Cr.Misc. No.27499 of 2017 (2) dt.07-07-2017 2/2 any case involving the arrest of any person on accusation of offence committed under 'the Act'.

4.

Hence, the present application filed under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail to the petitioner in a case involving accusation of offence committed under the 'the Act' is disposed of as not maintainable. (Ashwani Kumar Singh, J) Md.S./- U T