MANI YADAV v. THE STATE OF BIHAR

====================================================== Appearance : Mr.Rajesh Kumar Sinha : For the Petitioner/s For the Opposite Party/s : Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 4 12-05-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard the learned counsel for the petitioners and learned APP for the State. The petitioners apprehend their arrest for the offences alleged under Sections 272 and 273 of the Indian Penal Code and Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act, 2016, registered in connection with Laxmipur P.S.Case No.97 of 2021. Section 76(2) of the Bihar Prohibition and Excise Act, 2016 makes an explicit embargo on entertaining the application Patna High Court CR. MISC. No.43433 of 2021(4) dt.12-05-2022 under Section 438 of the Cr.P.C. Since the provision of Section 438 of the Cr.P.C. is not applicable in respect of offences under the Bihar Prohibition and Excise Act, 2016, as such, this anticipatory bail application is dismissed as not maintainable. If the petitioners surrender and seek regular bail before the court below, the court below shall consider the same on its own merit. 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