The court dismissed the petitioner's application for pre-arrest bail as not maintainable under Section 76(2) of the Bihar Prohibition & Excise Act, 2016, relying on the Full Bench in Ram Vinay Yadav. Regular bail may be considered upon surrender.
Pre-arrest bail application dismissed as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5570 of 2020
Arising Out of PS. Case No.-222 Year-2019 Thana- MADHUBAN District- East Champaran
======================================================
Sachin Kumar Son of Ashok Bhagat Resident of Village - Maripur Mall, Police Station - Madhuban, District - East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Awadhesh Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 28-02-2020
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks pre-arrest bail in connection with Madhuban P.S. Case No. 222 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
In view of the bar created under Section 76(2) of the Bihar Prohibition and Excise Act, 2016 as also the ratio laid by a Full Bench of this Court in Ram Vinay Yadav Vs. State of Bihar reported in 2019(2) PLJR 1089 , since the ingredients of the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act-2016 are clearly attracted, the instant application for grant of pre-arrest bail is dismissed as not maintainable.
Patna High Court CR. MISC. No.5570 of 2020(2) dt.28-02-2020 2/2
In case the petitioner surrender and seeks regular bail,
the same shall be considered on its own merit without being prejudiced by this order.
(Ashwani Kumar Singh, J)
rohit/-
U T
1 issue framed by the court
Whether pre-arrest bail is maintainable when the offence involves Section 30(a) of the Bihar Prohibition & Excise Act, 2016.
Colour shows how this judgement treated each authority
Ram Vinay Yadav Vs. State of BiharRelied on¶12
Ram Vinay Yadav Vs. State of Bihar reported in 2019(2) PLJR 1089
4 provisions across 3 enactments
Sachin 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
