Umesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5906 of 2020 Arising Out of PS. Case No.-360 Year-2019 Thana- SAKRA District- Muzaffarpur ====================================================== UMESH MAHTO S/o Late Nandlal Mahto R/o village- Vishwakarma Chowk, Korigama, P.S.- Sakra, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur :

Ms.Rekha Kumari For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Sakra P.S. Case No. 360 of 2019, disclosing offences punishable under Sections 420, 467 and 468 of the Indian Penal Code and Section 30 (a) of Bihar Prohibition and Excise Act, 2016.

Section 76(2) of the Bihar Prohibition and Excise Act, 2016, bars application of Section 438 of the Criminal Procedure Code. Based on the allegation made in the First Information Report, a case under Section 30(a) of the Act is made out in my opinion.

In that view of the matter, this application cannot be

Patna High Court CR. MISC. No.5906 of 2020(9) dt.18-12-2020 2/2 maintained and is accordingly dismissed.

However, the petitioner is directed to surrender before the Court below within four weeks from today and seek regular 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) AKASH/- U T