Birendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5629 of 2020 Arising Out of PS. Case No.-533 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Nalanda ====================================================== Birendra Singh Son of Late Ramjanm Singh Resident of Village- Haripur, P.S.- Parwalpur, District- Nalanda.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Excise Case No. 533C3 Ex/19 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

In view of the bar created under Section 76(2) of the Bihar Prohibition and Excise Act, 2016 as also the ratio laid down by a Full Bench of this Court in Ram Vinay Yadav Vs. State of Bihar, since reported in 2019(2) PLJR 1089, since the ingredients of the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 are attracted, the instant application for grant of pre-arrest bail is dismissed as not maintainable.

Patna High Court CR. MISC. No.5629 of 2020(2) dt.28-02-2020 2/2 In case the petitioner surrenders and seeks bail, the same shall be considered on its own merits without being prejudiced in any manner by this order.

(Ashwani Kumar Singh, J) Pradeep/- U T