Lalan Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3011 of 2019 Arising Out of PS. Case No.-325 Year-2018 Thana- RAHUI District- Nalanda ====================================================== Lalan Chaudhari, son of Damodar Chaudhari, Resident of Village- Kadi Bigha, P.S.- Rahui (Bhagan Bigha), District - Nalanda ... ... Petitioner/s

Versus

The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Prasad For the Opposite Party/s :

Mr. Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Rahui (Bhagan Bigha) Police Station Case No. 325 of 2018, disclosing offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act').

There being bar under Section 76 (2) of the Act, this anticipatory bail application cannot be maintained and is, accordingly, dismissed.

However, considering the nature of allegation in the First Information Report, it is directed that if the petitioner surrenders before the Court below within four weeks from today

Patna High Court Cr.Misc. No.3011 of 2019(2) dt.23-01-2019 2/2 and applies for regular bail, his application shall be considered without being prejudiced by the present order of dismissal. (Chakradhari Sharan Singh, J.) ragini/- U √ T √