Patna High Court dismissed an anticipatory bail application as not maintainable, holding that the Bhikari Prohibition and Excise Act, 2016, Section 76 precludes its invocation for arrests arising from offences under that Act.
Anticipatory bail application dismissed as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11104 of 2017
Arising Out of PS.Case No. -22 Year- 2017 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF)
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mrs. Soni Shrivastava, Advocate For the Opposite Party/s : Smt. Meena Singh, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
The Petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30 of the Bihar Prohibition and Excise Act.
From the room of this petitioner foreign liquor was allegedly recovered on 17.01.2017.
Submission of the petitioner is that the petitioner was not present there, hence, the recovery was not from the conscious possession and the premise is a rented premise. Therefore, chances of some manipulation at the hands of some other person cannot be overruled.
This anticipatory bail application is
Patna High Court Cr.Misc. No.11104 of 2017 (2) dt.17-03-2017
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not maintainable in view of Section 76 of the Bihar Prohibition and Excise Act, 2016. Therefore, it is dismissed as not maintainable.
(Birendra Kumar, J) Mkr./-
U T
1 issue framed by the court
Whether an anticipatory bail application under Section 438 CrPC is maintainable when the}catchable offence falls under Section 76 of the Bihar Prohibition and Excise Act
1 provisions across 1 enactments
Raushan Kumar
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
