The High Court of Patna dismissed an anticipatory bail application under Section 438 CrPC as not maintainable, holding that subsection (2) of Section 76 of the Bihar Prohibition and Excise Act, 2016 precludes its use in such matters.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23475 of 2017
Arising Out of PS.Case No. -30 Year- 2017 Thana -PARASBIGHA District- JEHANABAD
====================================================== Nagendra Kumar, son of Mahesh Yadav, resident of Village- Lilampur, P.S.- Parasbigha, Dist- Jehanabad.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Birendra Kumar, Advocate For the Opposite Party/s : Smt. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
3 20-07-2017 Heard learned counsel for the petitioner and learned
counsel for the State.
Patna High Court Cr.Misc. No.23475 of 2017 (3) dt.20-07-2017
P2/
the merits of the case. Hence, in case the petitioner surrenders and seeks bail, the court below shall consider his application on its own merit without being prejudiced in any manner by this order.
(Ashwani Kumar Singh, J.)
Kanchan/-
U T
1 issue framed by the court
Whether an application for anticipatory bail under Section 438 CrPC is maintainable in cases governed by the Bihar Prohibition and Excise Act, 2016.
2 provisions across 2 enactments
Nagendra Kumar
The State of Bihar
ASHWANI KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
