The High Court considered a petition for pre-arrest bail under Section 438 CrPC challenging an arrest under Bihar Prohibition and Excise Act, 2016. The court held that such bail applications are not maintainable in cases involving that specific Act.
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.30096 of 2017
Arising Out of PS.Case No. -26 Year- 2017 Thana -MAGADH MEDICAL COLLEGE District-
GAYA
====================================================== Rajesh Kumar Sada son of Birbal Manjhi, resident of village -Wazitpur, P.S.- Magadh Medical College, Gaya, District- Gaya.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ramashish, Advocate For the State : Mr. Prem Kumar Jha, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 13-07-2017 Heard learned counsel for the petitioner and learned
counsel for the State.
Magadh Medical P.S.Case No.26 of 2017 registered for the offences under Sections 30(a)(d) of the Bihar Prohibition and Excise Act, 2016, the petitioner has filed the present application under Section 438 of the Code of Criminal Procedure for grant of pre-arrest bail.
Patna High Court Cr.Misc. No.30096 of 2017 (2) dt.13-07-2017
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)
Md.S./-
U T
1 issue framed by the court
Whether the petitioner is entitled to maintain an application for pre-arrest bail under Section 438 CrPC 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¶11
Ashok Sahani Vs. State of Bihar (Cr.Misc. No. 26109 of 2017)
3 provisions across 2 enactments
Rajesh Kumar Sada
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
