Petitioner applied for anticipatory bail after apprehending arrest for an offence under the Bihar Prohibition and Excise Act. Court held Section 438 CrPC is not maintainable under Section 76 of the Act, dismissing the application.
Application for pre-arrest bail under Section 438 CrPC dismissed 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.30350 of 2017
Arising Out of PS.Case No. -536 Year- 2016 Thana -MANER District- PATNA
====================================================== Ajay Rai @ Akhilesh Kumar S/o Late Mahatam Rai, resident of villageHulashi Tola, P.S.-Maner, District-Patna.
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Deovind Kumar Singh, Advocate For the Opposite Party/s : Mr. Narsingh Tanti, 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.30350 of 2017 (2) dt.13-07-2017
2/2
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 an application for pre-arrest bail under Section 438 CrPC is maintainable in a case involving offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016?
Colour shows how this judgement treated each authority
Ashok Sahani Vs. State of BiharApplied¶7
Ashok Sahani Vs. State of Bihar (Cr.Misc. No. 26109 of 2017)
3 provisions across 2 enactments
Ajay Rai @ Akhilesh 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
