Dismissed

Ashok Chaudhari v. The State of Bihar

Patna HC29 Aug 2022CR. MISC./7714/2022

Case brief

AI extract

What is this about?

The Patna High Court held that an anticipatory bail application under Section 438 Cr.P.C. is not maintainable in offences under Section 76(2) of the Bihar Prohibition and Excise Act, 2016. The petitioner was directed to regularize bail before the lower court.

What did the court decide?

Petitioner directed to seek regular bail before the court below; defects in bail petition to be removed within one month.

Ashok Chaudhari Vs The State of Bihar — Bail and Remand | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7714 of 2022

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Arising Out of PS. Case No.-414 Year-2021 Thana- BARUN District- Aurangabad

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

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ASHOK CHAUDHARI S/o Late Phaguni Chaudhari Resident of Village - Dhamani Gola, P.S. - Barun, District - Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Binod Kumar Pandey For the Opposite Party/s : Mr.Kanhaiya Kishore(App100)

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

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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2 29-08-2022

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Learned counsel for the petitioner is permitted to make necessary correction in the bail petition. He is also 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.

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The petitioner apprehends his arrest for the offences alleged under Sections 30(B)(c)36 of the Bihar Prohibition and Excise Act, registered in connection with Barun P.S.Case No. 414 of 2021.

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Learned counsel for the petitioner has submitted that nothing was recovered from his possession and he is person of clean antecedent.

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Patna High Court CR. MISC. No.7714 of 2022(2) dt.29-08-2022 2/2

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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 it is not maintainable.

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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.

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With these observations, the application stands disposed of.

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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

Ashok Chaudhari v. The State of Bihar

Case brief

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Ashok Chaudhari v. The State of Bihar

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