Two petitioners challenged the maintenance of a pre-arrest bail application filed under Section 438 CrPC in a case registered under the Bihar Prohibition and Excise Act, 2016. The court held it not maintainable.
Application under Section 438 CrPC dismissed as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32912 of 2017
Arising Out of PS.Case No. -63 Year- 2017 Thana -KHAGAUL District- PATNA
======================================================
Both are sons of Late Anil Kumar, Resident of Village- Mahajan Toli, Chitra Toli Road, Arrah, P.S. -Town Arrah, District- Bhojpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Narain, Sr. Advocate : Mr. Ram Naresh Ray, Advocate For the State : Mr. Sri Akhileshwar Dayal, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 21-07-2017 Heard Mr. Rajendra Narain, learned Senior Advocate for the petitioner and Mr. Akhileshwar Dayal, learned Additional Public Prosecutor for the State.
The petitioner seeks pre-arrest bail in connection with Khagaul P.S. Case No.63 of 2017 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
In view of the express provision prescribed under subSection(2) of Section 76 of the Bihar Prohibition and Excise Act, 2016, the instant application under Section 438 of the Code of Criminal Procedure is not maintainable.
Accordingly, it is dismissed as not maintainable.
(Ashwani Kumar Singh, J)
Md.S./-
U T
2 issues framed by the court
Whether an application for pre-arrest bail under Section 438 CrPC is maintainable in cases registered under the Bihar Prohibition and Excise Act, 2016.
Whether Section 76(2) of the Bihar Prohibition and Excise Act, 2016 bars the grant of anticipatory bail.
2 provisions across 2 enactments
Sonu Kumar
Monu 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
