Shailesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3680 of 2019 Arising Out of PS. Case No.-623 Year-2018 Thana- ARA NAGAR District- Bhojpur ====================================================== Shailesh Kumar Yadav son of Tej Bahadur Yadav @ Tes Bahadur Yadav Residet of Mohalla- Maharan toli, Mahadeva Road, P.S- Ara Nagar, DistrictBhojpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== 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 Ara Town P.S. Case No. 623 of 2018, Excise Case No.1711 of 2018, disclosing offence under Section 30(a) 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. Based on the allegation made in the First Information Report, a case under Section 30(a) of the Act is made out in my opinion.

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

However, considering the case of the prosecution that

Patna High Court Cr.Misc. No.3680 of 2019(2) dt.25-01-2019 2/2 only one bottle of liquor was seized by the police, it is directed that if the petitioner surrenders before the Court below within four weeks from today and seek regular bail, 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 on the same day. (Chakradhari Sharan Singh, J) Pawan/- U T