Vikash Kumar vs The State Of Bihar on 2 February, 2018

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Patna High Court - Orders

Vikash Kumar vs The State Of Bihar on 2 February, 2018

Bench: Ashwani Kumar Singh

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.5500 of 2018
                     Arising Out of PS.Case No. -319 Year- 2016 Thana -BARACHATTI District- GAYA
               ======================================================
               Vikash Kumar, son of Dharmendra Sahani, Resident of Village/ Mohalla-
               Nurani Bag Colony, Gulzarbag, Police Station-Alamganj, Patna City,
               District- Patna.
                                                                .... ....   Petitioner
                                                      Versus
               The State of Bihar.                                      ....   .... Opposite Party
               ======================================================
               Appearance :
               For the Petitioner/s     :  Mr. Tej Narayan Singh, Advocate
               For the Opposite Party/s  : Mr. Tapeshwar Sharma, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
               ORAL ORDER

2 02-02-2018

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Barachatti P.S. Case No.319 of 2016 registered under Sections 272, 273, 120B of the Indian Penal Code and Sections 47(a), 48(2), 54 and 63 of the Bihar Excise Amendment Act, 2016.

Section 76(1) of the Bihar Prohibition and Excise Act, 2016 stipulates that all offences under this Act shall be cognizable and non-bailable. Its sub-section (2) stipulates that section 438 of the Code of Criminal Procedure shall not apply to the offences under the Excise Act.

Keeping in mind the allegations made in the F.I.R. Patna High Court Cr.M isc. No.5500 of 2018 (2) dt.02-02-2018 2 and the statutory bar to grant of pre-arrest bail to those booked under the Bihar Prohibition and Excise Act, 2016, in my considered opinion, an application under Section 438 of the Code of Criminal Procedure in the present matter is not maintainable.

Thus, the petition is dismissed as not maintainable. In case the petitioner surrenders and seeks bail, the learned Special Judge shall be required to dispose of the same on merits taking into consideration the observations made by this Court in the matter of Ashok Sahani vs. State of Bihar [(2017) 3 PLJR 632].

(Ashwani Kumar Singh, J.) Sanjeet/-

U         T

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Patna High Court - Orders