Chhathi Lal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66979 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== Chhathi Lal Singh, aged about 38 years, male, Son of Late Sugad Singh Resident of Village-Gahirwawari, Police Station-Pachrukhi, District-Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar For the Opposite Party :

Mr. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Pachrukhi P. S. Case No.187 of 2019 registered under Sections 272, 273, 308, 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Considering that the applicability of Section 438 of the Code of Criminal Procedure has been deleted in relation to offences committed under the Bihar Prohibition and Excise Act, 2016 vide sub-section-2 of Section-76 of the Act and the allegations made in the F.I.R. would clearly attract the ingredients of the cognizable offence under the Act. The application is rejected as not maintainable. In case, the petitioner surrenders and seeks bail, the

Patna High Court CR. MISC. No.66979 of 2019(2) dt.27-11-2019 2/2 same shall be considered in the light of the observations made in Ashok Sahani vs. the State of Bihar since reported in 2017(3) P.L.J.R. 632.

(Ashwani Kumar Singh, J) vikash/- U T