Petitioner challenged maintaining anticipatory bail under Section 438 Cr.P.C. in dope smuggling offences. Court held application not maintainable per statutory embargo in Bihar Prohibition Act.
Application for anticipatory bail dismissed as not maintainable in view of statutory embargo.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7598 of 2022
Arising Out of PS. Case No.-268 Year-2021 Thana- MAHARAJGANJ District- Siwan
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AJAY KUMAR CHAUDHARY Son of Kishun Chaudhary Resident of Village - Indauli, P.s.- Maharajganj, Distt.- Siwan.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Rajiv Kumar For the Opposite Party/s : Mr.Braj Kishore Pd.(APP)
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
2 29-08-2022
The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest for the offences alleged under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, registered in connection with Maharajganj P.S.Case No. 268 of 2021.
Learned counsel for the petitioner has submitted that nothing was recovered from his possession. His name has figured in the confessional statement of co-accused and he is a
Patna High Court CR. MISC. No.7598 of 2022(2) dt.29-08-2022 2/2
person of clean antecedent.
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 it is not maintainable.
If the petitioner surrenders and seeks regular bail before the court below, that shall be disposed of on its own merit on the same day, without being prejudiced by this order. The learned court below may take notice of the fact that the petitioner is a person of clean antecedent.
With these observations, the application stands disposed of.
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.
(Nawneet Kumar Pandey, J)
HR/-
U T
1 issue framed by the court
Whether bail application under Section 438 Cr.P.C. is maintainable in view of Section 76(2) of the Bihar Prohibition and Excise Act, 2016.
3 provisions across 3 enactments
Ajay Kumar Chaudhary
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
