Mahendra Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1780 of 2020 Arising Out of PS. Case No.-396 Year-2019 Thana- RAJAOLI District- Nawada ====================================================== Mahendra Ram Son of Late Chhotan Ram Resident of Village - Salimpur, P.S.- Rajauli, Distt.- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Prasad Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Rajauli P.S. Case No. 396/2019 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Taking note of the fact that alleged recovery is said to have been made from the house of the petitioner, in my view, this anticipatory bail petition is hit by Section 76(2) of the Bihar Prohibition and Excise Act, 2016. Accordingly, this anticipatory bail petition stands dismissed being not maintainable. However, petitioner is directed to surrender before the court below within six weeks from today and if he does so and seeks regular bail, the concerned court shall consider the regular

Patna High Court CR. MISC. No.1780 of 2020(2) dt.28-02-2020 2/2 bail petition of the petitioner on its own merit without being prejudiced by this order.

(Hemant Kumar Srivastava, J) Spd/- U T