Rakesh Kumar Rai @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4874 of 2020 Arising Out of PS. Case No.-69 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Rakesh Kumar Rai @ Rakesh Kumar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Namrata Mishra For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with C2A-69/19 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Amendmant Act 2018.

Since the alleged recovery is said to have been made from Bhusa-ghar of the petitioner. in my view, this anticipatory bail petition is hit by under section 76(2) of Bihar Prohibition and Excise Act 2016 and, accordingly, this petition stands dismissed being not maintainable.

However, if the petitioner surrenders and seeks regular bail within six weeks from today, the concerned court

Patna High Court CR. MISC. No.4874 of 2020(2) dt.29-02-2020 2/2 shall consider the regular bail application of the petitioner on the day of his surrender on its own merit without being prejudiced by this rejection order.

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