In an anticipatory bail petition challenging arrest under the Bihar Prohibition and Excise Act, the Court held Section 438 Cr.P.C. inapplicable due to a statutory embargo.
The anticipatory bail application is dismissed as not maintainable under Section 438 Cr.P.C.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6919 of 2021
Arising Out of PS. Case No.-301 Year-2020 Thana- ADAPUR District- East Champaran
======================================================
AMALDEO BHAGAT @ AMALDEO CHAURASIYA SON OF NAGENDRA BHAGAT, RESIDENT OF VILLAGE - SHYAMPUR, P.S.ADAPUR, DIST.- EAST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Umesh Chandra Verma For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 15-12-2021
Heard learned counsel for the petitioner as well as the
learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.
The petitioner apprehends his arrest in connection with Adapur P.S. Case No. 301 of 2020 registered for the offence punishable under section 30 (a) of the Bihar Prohibition and Excise Act.
The learned counsel for the petitioner has submitted that the field from which 65 litres of country made liquor was recovered, does not belong to the petitioner.
So far as the maintainability of the bail petition is concerned, Section 76 (2) of the Bihar Prohibition and Excise
Patna High Court CR. MISC. No.6919 of 2021(2) dt.15-12-2021 2/2
Act, 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C.
Since the provision of Section 438 of the Cr.P.C. is not applicable in respect of offences under the Bihar Prohibition and Excise Act, 2016, as such, this anticipatory bail application is dismissed as not maintainable.
Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey , J)
Mahesh/-
1 issue framed by the court
Whether an anticipatory bail application filed under Section 438 Cr.P.C. is maintainable in offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
2 provisions across 2 enactments
AMALDEO BHAGAT @ AMALDEO CHAURASIYA
THE STATE OF BIHAR
NAWNEET KUMAR PANDEY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
