Rama Shankar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5652 of 2020 Arising Out of PS. Case No.-281 Year-2019 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Rama Shankar Sharma, Son of Shatrughan Sharma, Resident of Village - Nandgawon, P.S.- Chainpur, District - Kaimur at Bhabua ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mrs. Asha Devi, APP ====================================================== 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 pre-arrest bail in connection with Chainpur P.S. Case No.281 of 2019 registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) 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 report 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.5652 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.) Sanjeet/- U T