Rajeshwar Prasad And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2554 of 2019 Arising Out of PS. Case No.-289 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ======================================================

1. Rajeshwar Prasad, son of Kedar Prasad, Resident of Village - Kritpura Bangra, P.O.- Raja Patti

2. Vinod Rai, son of Punyadeo Rai, Resident of Village - Balha, P.O.- Rajapatti, P.S.-Baikunthpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Singh For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Baikunthpur Police Station Case No. 289 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 petitioners, above named, surrender before the Court below within four

Patna High Court Cr.Misc. No.2554 of 2019(2) dt.21-01-2019 2/2 weeks from today and apply for regular bail, their application shall be considered without being prejudiced by the present order of dismissal.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √