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Patna High CourtCR. MISC./7511/2019rejected

Surendra Yadav v. The State Of Bihar

2019-02-08Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7511 of 2019 Arising Out of PS. Case No.-123 Year-2017 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== SURENDRA YADAV Late Sohrai Yadav R/o village- Gopibigha , P.SMagadh Medical, Dist.-Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ramashish For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-02-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Magadh Medical P.S. Case No. 123 of 2017, disclosing offence under Section 30(a), 38(a), 41(a) and 47 of Bihar Prohibition and Excise Act, 2016.

Considering the fact that the petitioner has criminal antecedent inasmuch as he is an accused in Barachatti P.S. Case No.489 of 2016, which too has been registered for offences punishable under Section 30(a) of the Act, no case for grant of anticipatory bail is made out. This application is accordingly rejected.

However, the petitioner is directed to surrender before the Court below within four weeks from today and seek regular

Patna High Court Cr.Misc. No.7511 of 2019(2) dt.08-02-2019 2/2 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