Nand Kishore Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5628 of 2018 Arising Out of PS.Case No. -325 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Nand Kishore Singh, son of Late Ram Bilash Singh, Resident of VillageBasadhia, Ward No. 8, P.S.- Dalsinghsarai, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dr. Om Prakash Om, Advocate For the State : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Dalsinghsarai P.S. Case No.325 of 2017 registered under Sections Sections 30(a), 38(1)(2) and 41(1) of the Bihar Prohibition and Excise 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.
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
Patna High Court Cr.Misc. No.5628 of 2018 (2) dt.09-02-2018 2/2 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) Md.S./- U T