The Court held that an application for pre-arrest bail under Section 438 CrPC is not maintainable in cases involving offences under the Bihar Prohibition and Excise Act, 2016, relying on Section 76(2) of that Act and the judgment in Ashok Sahani.
The application for pre-arrest bail under Section 438 CrPC is disposed of as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30333 of 2017
Arising Out of PS.Case No. -137 Year- 2016 Thana -DERNI District- SARAN
====================================================== Abhay Rai son of Vinay @ Bilat Rai, resident of village-Pojhi, P.S.-Derni, District- Saran
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nalin Kumar, Advocate For the Opposite Party/s : Mr. Binod Kumar-2, 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.
Patna High Court Cr.Misc. No.30333 of 2017 (2) dt.13-07-2017
2/2
any case involving the arrest of any person on accusation of offence committed under ‘the Act’.
of the Code of Criminal Procedure for grant of pre-arrest bail to the petitioner in a case involving accusation of offence committed under the ‘the Act’ is disposed of as not maintainable.
(Ashwani Kumar Singh, J)
Md.S./-
U T
1 issue framed by the court
Whether a bail application under Section 438 CrPC is maintainable in cases involving offences under the Bihar Prohibition and Excise Act, 2016.
Colour shows how this judgement treated each authority
Ashok Sahani Vs. State of BiharFollowed¶8
Ashok Sahani Vs. State of Bihar (Cr.Misc. No. 26109 of 2017)
2 provisions across 2 enactments
Abhay Rai
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
