The High Court held that an application for pre-arrest bail under Section 438 CrPC is not maintainable in a case involving offences under the Bihar Prohibition and Excise Act, 2016, due to statutory bar. Petition dismissed.
Petition for pre-arrest bail dismissed as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5763 of 2018
Arising Out of PS.Case No. -205 Year- 2017 Thana -NAUBATPUR District- PATNA
====================================================== 1. Baudh Manjhi, S/o Gorakh Manjhi, 2. Naresh Manjhi S/o Krishna Manjhi, Both R/o Village- Jalapura, P.S.- Naubatpur, District- Patna.
.... .... Petitioners
Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Dr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Nagendra Prasad, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 09-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners seek pre-arrest bail in connection with Naubatpur P.S. Case No. 205 of 2017 registered under Sections 30 A of the Bihar Prohibition and Excise Act.
Section 76(1) of the Bihar Prohibition and Excise Act, 2016 stipulates that all offences under this Act shall be cognizable and non-bailable. Its sub-section (2) stipulates that section 438 of the Code of Criminal Procedure shall not apply to the offences under the Excise Act.
Patna High Court Cr.Misc. No.5763 of 2018 (2) dt.09-02-2018 2
Keeping in mind the allegations made in the F.I.R. and the statutory bar to grant of pre-arrest bail to those booked under the Bihar Prohibition and Excise Act, 2016, in my considered opinion, an application under Section 438 of the Code of Criminal Procedure in the present matter is not maintainable.
Thus, the petition is dismissed as not maintainable.
In case the petitioners surrender and seek bail, the learned Special Judge shall be required to dispose of the same on merits taking into consideration the observations made by this Court in the matter of Ashok Sahani vs. State of Bihar [(2017)
3 PLJR 632] .
(Ashwani Kumar Singh, J.)
Sanjeet/-
U T
1 issue framed by the court
Whether an application under Section 438 CrPC for pre-arrest bail is maintainable in a case registered under the Bihar Prohibition and Excise Act, 2016.
Colour shows how this judgement treated each authority
Ashok Sahani vs. State of BiharReferred¶14
Ashok Sahani vs. State of Bihar [(2017) 3 PLJR 632]
Baudh Manjhi & Ors.
The State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
