Dismissed

Satyam Kumar v. The State Of Bihar

Patna HC13 Jul 2017CR. MISC./30925/2017

Case brief

AI extract

What is this about?

The High Court of Patna dismissed an application for pre-arrest bail under Section 438 CrPC, holding it is not maintainable in cases involving offences under the Bihar Prohibition and Excise Act, 2016, citing the challenged Court's own order in Ashok Sahani vs State of Bihar.

What did the court decide?

Application for pre-arrest bail under Section 438 CrPC disposed of as not maintainable.

Satyam Kumar Vs The State Of Bihar — Bail and Remand | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30925 of 2017

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Arising Out of PS.Case No. -77 Year- 2017 Thana -SONO District- JAMUI

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====================================================== Satyam Kumar son of Shivhar Singh, Resident of Village- Gidhaur, P.S.Gidhaur, District- Jamui.

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.... .... Petitioner/s

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Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prabhat Ranjan Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

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2 13-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

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Apprehending his arrest in connection with Sono P.S.Case No.77 of 2017 registered for the offences under Sections 272 and 273 of the Indian Penal Code and Sections 37, 41, 47 and 53 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.

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In view of the provision prescribed under subsection (2) of Section 76 of the Bihar Prohibition and Excise Act, 2016 (for short ‘the Act’) as also in view of the order dated 07.07.2017 passed by this Court in the matter of Ashok Sahani Vs. State of Bihar (Cr.Misc. No. 26109 of 2017), I am of the

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Patna High Court Cr.Misc. No.30925 of 2017 (2) dt.13-07-2017

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2/2

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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’.

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Hence, the present application filed under Section 438 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.

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(Ashwani Kumar Singh, J)

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Md.S./-

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U T

Satyam Kumar v. The State Of Bihar

Case brief

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Satyam Kumar v. The State Of Bihar

Case brief

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