The High Court dismissed anticipatory bail application as Section 76(2) of the Bihar Prohibition and Excise Act bars Section 438 CrPC. Petitioner directed to surrender below to seek regular bail.
Application dismissed; petitioner directed to surrender and seek regular bail below within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.73216 of 2018
Arising Out of PS. Case No.-357 Year-2018 Thana- GRIYAK District- Nalanda
======================================================
Chhote Singh Son of Uma Kant Singh Resident of Village-Kochgaon,P.S. Warsaliganj,Distt.-Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Devendra Prasad Singh For the Opposite Party/s : Mr.Sri Damodar Prasad Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
2 20-12-2018 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Giriak (Katrisarai) P.S. Case No. 357 of 2018, disclosing offences under Sections 30, 38 and 41 of the Bihar Prohibition and Excise Act, 2016.
Section 76(2) of the Bihar Prohibition and Excise Act, 2016, bars application of Section 438 of the Criminal Procedure Code. Based on the allegation made in the First Information Report, a case under Sections 30, 38 and 41 of the Act is made out, in my opinion.
In that view of the matter, this application cannot be maintained and is accordingly dismissed.
However, the petitioner is directed to surrender before
Patna High Court Cr.Misc. No.73216 of 2018(2) dt.20-12-2018 2/2
the Court below within four weeks form today and seeks regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.
(Chakradhari Sharan Singh, J)
Ashish/-
U T
2 issues framed by the court
Whether anticipatory bail is maintainable in a case involving offences under the Bihar Prohibition and Excise Act, 2016 given Section 76(2) bars application of Section 438 CrPC.
How to direct the petitioner to seek regular bail below in view of rejection of anticipatory bail application.
3 provisions across 2 enactments
Chhote Singh
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
