Md. Abrar @ Abrar @ Ibrar v. The State of Bihar
Case brief
What is this about?
Single Judge order dismissing one part of an anticipatory bail petition as not maintainable due to a statutory embargo under the Bihar Prohibition and Excise Act, 2016, and withdrawing the other petition due to the arrest of the petitioner.
What did the court decide?
Anticipatory bail application for Petitioner No. 1 dismissed as not maintainable; for Petitioner No. 2 dismissed as withdrawn. Petitioner instructed to cure defects within one month.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8362 of 2022
Arising Out of PS. Case No.-194 Year-2021 Thana- AMAUR District- Purnia
======================================================
- MD. ABRAR @ ABRAR @ IBRAR SON OF LATE KAFIL R/O VILLAGE- BAHURA WARD NO.7, P.S.- AMOUR, DISTRICT- PURNEA
- RAMJAN ALI SON OF LATE KAFIL R/O VILLAGE- BAHURA WARD NO.7, P.S.- AMOUR, DISTRICT- PURNEA
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Rajiv Kumar Singh For the Opposite Party/s : Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
Issues for consideration
2 issues framed by the court
Whether anticipatory bail application is maintainable for offences under Bihar Prohibition and Excise Act, 2018 which contain an embargo on Section 438 Cr.P.C.
Whether the anticipatory bail application for Petitioner No. 2 remains maintainable when he has been arrested during the pendency of the petition.
Parties & counsel
- petitioner
MD. ABRAR
- petitioner
Ramjan Ali
- respondent
The State of Bihar
Coram
Case details
As recorded by the court registry
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