Dismissed

Vicky Kumar v. the State of Bihar

Patna HC12 Aug 2022CR. MISC./4557/2022

Case brief

AI extract

What is this about?

The petitioner sought anticipatory bail for offences under the Bihar Prohibition and Excise Act, 2016. The court dismissed the application as not maintainable due to a statutory embargo in Section 76(2) of the Act but directed the petitioner to remove defects pointed out by the Stamp Reporter within one month. Regular bail may be sought from the lower court.

What did the court decide?

Application dismissed as not maintainable; directed to remove Stamp Reporter's defects within one month; liberty to seek regular bail below.

Vicky Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4557 of 2022

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Arising Out of PS. Case No.-204 Year-2019 Thana- MEHANDIGANJ District- Patna

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======================================================

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VICKY KUMAR S/o Gore Singh Resident of Gajipur, P.S. - Giriyak, Pawapuri (O.P.), District - Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Raj Krishan Jha For the Opposite Party/s : Mr.Shailendra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 12-08-2022

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The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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Heard the learned counsel for the petitioner and learned APP for the State through video conferencing.

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The petitioner apprehends his arrest for the offences alleged under Section 30(a) of the Bihar Prohibition and Excise Act, registered in connection with Mehdiganj P.S.Case No. 204 of 2019.

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Learned counsel for the petitioner has submitted that the petitioner was not arrested at the spot. Nothing was recovered from his possession and his name has figured in the confessional statement of co-accused. The petitioner is a person

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Patna High Court CR. MISC. No.4557 of 2022(2) dt.12-08-2022 2/2

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of clean antecedent.

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Be that as it may, Section 76(2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C. Hence the application is dismissed as not maintainable.

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If the petitioner surrenders and seeks regular bail before the court below, the same shall be disposed of on its own merit, without being prejudiced by this order.

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Office shall ensure that all the defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

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(Nawneet Kumar Pandey, J)

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HR/-

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U T

Vicky Kumar v. the State of Bihar

Case brief

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Vicky Kumar v. the State of Bihar

Case brief

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