TRIBHUWAN SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned APP for the State.

(2.) The petitioners apprehend their arrest for the offences alleged under Sections 272, 273, 308 of the Indian Penal Code and Sections 30, 38 of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Prohibition Act, 2016') registered in connection with Raghunathpur P.S. Case No. 205 of 2017.

(3.) At the very outset, this Court takes note of an order passed by a co-ordinate Bench of this Court in Ashok Sahani Vs. The State of Bihar, 2017(3) PLJR 632. After a detailed deliberation over the effect of Section 76(2) of the Prohibition Act, 2016, it was categorically opined in paragraph-14 that the privilege of pre-arrest bail under Section 438 of the Cr. P.C. is not available to person accused of having committed an offence under the Prohibition Act, 2016. Certain guidelines (not exhaustive) were also laid out in paragraph-30, indicating circumstances where bail should normally be granted to the accused persons on their production by the police or on their surrender. The Registrar General was also directed to ensure that stamp reporters would not place applications filed under Section 438 of the Cr. P.C. arising out of the cases under the Prohibition, Act, 2016 before the Bench as defect free cases henceforth.