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Patna High CourtCR. MISC./5014/2020dismissed

Rudrakant Sah v. The State Of Bihar

2020-03-02Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5014 of 2020 Arising Out of PS. Case No.-119 Year-2019 Thana- MANIGACHI District- Darbhanga ====================================================== Rudrakant Sah, Son of Pawan Sah @ Pavan Kumar Sah Resident of VillageGadiya, P.S.- Andhramath, District- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-03-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with G.O. Case No.593 of 2019 arising out of Manigachi P. S. Case No.119 of 2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Petitioner was not caught on the spot, but the person, who was caught on the spot, disclosed the name of this petitioner as his associates.

4. Therefore, in view of the aforesaid facts, in my view, this anticipatory bail is hit by Section 76(2) of the Bihar Prohibition and Excise Act, 2016 and accordingly, this petition is dismissed being not maintainable.

Patna High Court CR. MISC. No.5014 of 2020(2) dt.02-03-2020 2/2

5. However, this order shall not cause any prejudice to the concerned Court while considering the regular bail of the petitioner.

(Hemant Kumar Srivastava, J) vikash U T