The single-judge bench dismissed the petitioner's application for anticipatory bail under Section 438 CrPC as not maintainable due to specific restrictions under the Bihar Prohibition and Excise Act, 2016. The court clarified that it did not examine merits.
Application for anticipatory bail dismissed as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29072 of 2017
Arising Out of PS.Case No. -21 Year- 2017 Thana -BHAIRABASHTHAN District- MADHUBANI
====================================================== Anil Kumar Jha Son of Harish Chandra Jha @ Harichandra Jha, Resident of Village- Mehatha, P.S.- Bhairab Ashtan, District- Madhubani.
.... .... Petitioner
Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Smt. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
Heard learned counsel for the petitioner and learned
2 20-07-2017
counsel for the State.
Patna High Court Cr.Misc. No.29072 of 2017 (2) dt.20-07-2017
P2/
Code of Criminal Procedure, 1973 is not maintainable. Accordingly, it is dismissed as not maintainable.
(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 when an offence is punishable under subsection (2) of Section 76 of the Bihar Prohibition and Excise Act, 2016.
1 provisions across 1 enactments
Anil Kumar Jha
State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
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