Shankar Mahto @ Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10755 of 2019 Arising Out of PS. Case No.-189 Year-2018 Thana- DARBHANGA District- Darbhanga ====================================================== SHANKAR MAHTO @ SHANKAR KUMAR son of late Ramchandra Mahot @ Nepali Mahto Resident of Village - Subhankarpur,P.S-Darbhanga Town,dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the State :

Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-02-2019 Heard learned counsel for the parties.

The is an application for grant of anticipatory bail in connection with G.O. Case No. 848 of 2018 arising out of Town P.S. Case No. 189 of 2018, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. From the courtyard of the petitioner, the police are said to have seized four bottles of foreign liquor, each containing 750 ml of alcohol.

On the basis of the prosecution report, I find that Sections 76(2) of the Bihar Prohibition and Excise Act, 2016 bars the exercise of power under Section 438 of the Cr. P.C. for grant of anticipatory bail. In such circumstance, this application cannot be maintained and is accordingly dismissed.

Patna High Court Cr.Misc. No.10755 of 2019(2) dt.22-02-2019 2/2 However, the petitioner is directed to surrender in the court below within four weeks from today and seek regular bail, if so advised. If he does so, the court below shall consider his prayer for regular bail on its own merit on the same day, without being prejudiced by the rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T