The court held that an application for pre-arrest bail under Section 438 CrPC is not maintainable when the offence is under the Bihar Prohibition and Excise Act, 2016, due to strict arrest provisions in the Act.
Application under Section 438 CrPC disposed of as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27564 of 2017
Arising Out of PS.Case No. -163 Year- 2016 Thana -BITHAN BAZAR District- SAMASTIPUR
====================================================== Kundan Kumar son of Late Rama Kant Sah, Resident of Village- Sohma, P.S.- Bithan, District- Samastipur.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Yogendra Kr. 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.27564 of 2017 (2) dt.07-07-2017
2/2
any case involving the arrest of any person on accusation of offence committed under ‘the Act’.
(Ashwani Kumar Singh, J)
Md.S./-
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 BiharRelied on¶7
Ashok Sahani Vs. State of Bihar (Cr.Misc. No. 26109 of 2017)
4 provisions across 3 enactments
Kundan 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
