Patna High CourtCR. MISC./5026/2020dismissed

Pramod Mahto v. The State Of Bihar

2020-03-02Mr. Justice Hemant Kumar Srivastava1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5026 of 2020 Arising Out of PS. Case No.-337 Year-2019 Thana- EKANGARSARAI District- Nalanda ====================================================== Pramod Mahto ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samir Kumar Sinha For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Since the alleged recovery of liquor has been made from the adjacent to the house of the petitioner, in my view, this anticipatory bail is hit by under section 76(2) of Bihar Prohibition and Excise Act 2018 and, accordingly, this petition stands dismissed being not maintainable.

However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner.

N.K/- (Hemant Kumar Srivastava, J) U T