Nishant Shekhar @ Subodh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3668 of 2019 Arising Out of PS. Case No.-118 Year-2018 Thana- BANGAWON District- Saharsa ====================================================== Nishant Shekhar @ Subodh Yadav son of Chandeshwari Yadav Resident of Village- Rahuamani, P.S.- Bangaon, District- Saharsa. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Dr. (Mrs.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Bangaon P.S. Case No. 118 of 2018 corresponding to Special (Excise) Case No.566 of 2018, disclosing offence under Section 30(a), 38(1) and 41(1) of Bihar Prohibition and Excise Act, 2016.

Section 76(2) of the Bihar Prohibition and Excise Act, 2016, bars application of Section 438 of the Criminal Procedure Code.

Learned counsel for the petitioner has submitted that some of the persons have been granted anticipatory bail. The Court does not intend to go into that aspect of the matter since I am satisfied that this application cannot be maintained since in

Patna High Court Cr.Misc. No.3668 of 2019(2) dt.25-01-2019 2/2 my view an offence under the provisions of the Act is made out against the petitioner.

In that view of the matter, this application cannot be maintained and is accordingly dismissed.

However, the petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

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