Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5739 of 2018 Arising Out of PS.Case No. -173 Year- 2017 Thana -RAJNAGAR District- MADHUBANI ====================================================== Birendra Yadav, Son of Chandeshwar Yadav, Resident of VillageDullipatti, P.S.- Jaynagar, District- Madhubani. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Smt. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 09-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Rajnagar P.S. Case No. 173 of 2017 registered under Sections 272, 273 read with 34 of the Indian Penal Code and Section 30(a) of the Bihar Excise Prohibition Act, 2016. Section 76(1) of the Bihar Prohibition and Excise Act, 2016 stipulates that all offences under this Act shall be cognizable and non-bailable. Its sub-section (2) stipulates that section 438 of the Code of Criminal Procedure shall not apply to the offences under the Excise Act.

Patna High Court Cr.Misc. No.5739 of 2018 (2) dt.09-02-2018 Keeping in mind the allegations made in the F.I.R. and the statutory bar to grant of pre-arrest bail to those booked under the Bihar Prohibition and Excise Act, 2016, in my considered opinion, an application under Section 438 of the Code of Criminal Procedure in the present matter is not maintainable.

Thus, the petition is dismissed as not maintainable. In case the petitioner surrenders and seeks bail, the learned Special Judge shall be required to dispose of the same on merits taking into consideration the observations made by this Court in the matter of Ashok Sahani vs. State of Bihar [(2017) 3 PLJR 632].

(Ashwani Kumar Singh, J.) Sanjeet/- U T