The High Court allowed the petitioner's bail application by recording his consent to surrender on bail terms under Section 439 Cr.P.C., noting that pre-arrest bail under Section 438 was statutorily barred.
Petitioner permitted to surrender and seek bail under Section 439 Cr.P.C.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12559 of 2020
Arising Out of PS. Case No.-580 Year-2018 Thana- NAUTAN District- West Champaran
====================================================== PRAMOD YADAV, S/o Jagdish Yadav, Resident of Village-Shyampur Kotraha, P.S. - Nautan, District - West Champaran.
... ... Petitioner
Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Amarendra Prasad, APP ======================================================
... ... Opposite Party
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL ORDER
3 11-06-2020
for grant of pre-arrest bail in connection with Nautan P.S. Case No.580 of 2018 registered for the offence punishable under Sections 414 of the Indian Penal Code and Section 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016 (for short ‘the Act of 2016’).
Patna High Court CR. MISC. No.12559 of 2020(3) dt.11-06-2020 2/4
of duties thereon and punishment for the violation of law in the State of Bihar.
“76. Offences to be Cognizable and NonBailable. - (1) All offences under this Act shall be Cognizable and Non-Bailable and provisions of Code of Criminal Procedure, 1973 (Act 2 of 1974) shall apply. (2) Notwithstanding anything mentioned in sub- section (1) above, nothing in Section 360 of Code of Criminal Procedure, 1973 (Act 2 of 1974), Section 438 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) and Probation of Offenders Act 1958 (20 of 1958) shall apply in relation to any case involving the arrest of any person on an accusation of having committed an offence under this Act."
Patna High Court CR. MISC. No.12559 of 2020(3) dt.11-06-2020 3/4
Patna High Court CR. MISC. No.12559 of 2020(3) dt.11-06-2020 4/4
bail under Section 439 of the Code of Criminal Procedure, the same should be considered and disposed of on merits without being prejudiced in any manner by this order.
(Ashwani Kumar Singh, J.)
Sanjeet/-
U T
2 issues framed by the court
Whether an application for pre-arrest bail under Section 438 Cr.P.C. is maintainable given the bar under Section 76(2) of the Bihar Prohibition and Excise Act, 2016 for cognizable and non-bailable off
Whether the provisions of the Bihar Prohibition and Excise Act, 2016 exclude the operation of the Probation of Offenders Act and anticipatory bail provisions.
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. The State of BiharFollowed¶7
Ram Vinay Yadav vs. The State of Bihar [(2019) 2 PLJR 1089]
Prasad Yadav
State of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
