Rajesh Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69877 of 2019 Arising Out of PS. Case No.-238 Year-2018 Thana- BAKHARI District- Begusarai ====================================================== Rajesh Sada, Son of Late Sonelal Sada, Resident of Village - Hemanpur Ghat, Musahari, Ward No. 10, P.S.- Bakhari, District- Begusarai ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Bakhri P.S. Case No. 238 of 2018 registered for the offences punishable under Sections 30(A) of the Bihar Prohibition and Excise Act, 2016.

The petition under Section 438 of the Code of Criminal Procedure is not maintainable in a case of the Bihar Prohibition and Excise Act, 2016. Therefore, this petition stands disposed of being not maintainable.

However, petitioner is directed to surrender before the court below within six weeks from today and if he does so and makes prayer for regular bail, the concerned court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this rejection order. (Hemant Kumar Srivastava, J) khushbu/- U T