Hon'ble Justice Ashwani Kumar Singh held that an application under Section 438 CrPC for pre-arrest bail is not maintainable in cases involving offences under the Bihar Prohibition and Excise Act, 2016, relying on a previous order.
Application under Section 438 CrPC disposed of as not maintainable.
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.27510 of 2017
Arising Out of PS.Case No. -17 Year- 2017 Thana -JOGBANI District- ARRARIA
======================================================
Vijay Yadav @ Vijay Kumar, Son of Aalakhchand Yadav, Resident of Village- Bishanpur, P.S.- Jogbani, District Araria.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Anil Prasad Singh, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 07-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.
Patna High Court Cr.Misc. No.27510 of 2017 (2) dt.07-07-2017
2 / 2
State of Bihar (Cr.Misc. No. 26109 of 2017), I am of the considered opinion that an application under Section 438 of the Code of Criminal Procedure, 1973 would not be maintainable in any case involving the arrest of any person on accusation of offence committed under ‘the Act’.
(Ashwani Kumar Singh, J.)
Sanjeet/-
U T
1 issue framed by the court
Whether an application under Section 438 CrPC for pre-arrest bail is maintainable in a case involving offences under the Bihar Prohibition and Excise Act, 2016.
Colour shows how this judgement treated each authority
Ashok Sahani Vs. State of BiharReferred¶10
Ashok Sahani Vs. State of Bihar (Cr.Misc. No. 26109 of 2017)
4 provisions across 3 enactments
Vijay Yadav @ Vijay 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
