Vasudeo Mukhiya @ Vouldeo Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2663 of 2019 Arising Out of PS. Case No.-231 Year-2018 Thana- KISHUNPUR District- Supaul ====================================================== Vasudeo Mukhiya @ Vouldeo Mukhiya, son of Late Babujee Mukhiya, Resident of Village - Murkuchiya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Anil Kr Singh 01 (App232) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Kishanpur Police Station Case No. 231 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, in view of the allegation that 6.5 litres of country-made liquor was recovered by the police from the agricultural field, which, admittedly, does not belong go the petitioner and he has been named on the ground that he was

Patna High Court Cr.Misc. No.2663 of 2019(2) dt.21-01-2019 2/2 seeing fleeing away and identified by Chowkidar, it is directed that if the petitioner surrenders before the Court below within four weeks from today and applies for regular bail, his application shall be considered and disposed of on the same day without being prejudiced by the present order of dismissal. (Chakradhari Sharan Singh, J.) ragini/- U √ T √