Gaddu Yadav @ Guddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.764 of 2019 Arising Out of PS. Case No.-295 Year-2018 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Gaddu Yadav @ Guddu Yadav Son of Rama Awtar Yadav alias Rama Awatar Ram, Resident of Village - Jamira, P.S.- Ara Muffasil, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the parties.

The application for anticipatory bail arises out of Ara Muffasil P.S. Case No. 295 of 2018, disclosing the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

On the basis of the prosecution report, I find that Sections 76(2) of the Bihar Prohibition and Excise Act, 2016 bars the exercise of power under Section 438 of the Cr. P.C. for grant of anticipatory bail. In such circumstance, this application cannot be maintained. It is accordingly dismissed. However, the petitioner is directed to surrender in the court below within four weeks from today and seek regular bail, if so advised. If he does so, the court below shall consider his

Patna High Court Cr.Misc. No.764 of 2019(2) dt.25-01-2019 2/2 prayer for regular bail on its own merit, without being prejudiced by the rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T