Bikky Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8767 of 2019 Arising Out of PS. Case No.-430 Year-2018 Thana- KOTWALI District- Patna ====================================================== BIKKY CHAUDHARY, Son of Makka Choudhary @ Makka, Resident of village-Mithapur Golamber, P.S. Jakkanpur, District Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satrudhan Kumar For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Kotwali Police Station Case No. 430 of 2018, disclosing offence under Sections 272/273/34 of the Indian Penal Code and Sections 30(a) (g), 34 (b), 37 (a) (b) (d), 38 (1) (2), 41(i) of Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act').

There being bar under Section 76 (2) of the Act, this anticipatory bail application cannot be maintained and is, accordingly, dismissed.

However, considering the fact that the only allegation against the petitioner is of having consumed alcohol, it is

Patna High Court Cr.Misc. No.8767 of 2019(2) dt.14-02-2019 2/2 directed that if the petitioner surrenders before the Court below within four weeks from today and applies for regular bail, his application shall be considered and decided on the same day. (Chakradhari Sharan Singh, J.) ragini/- U √ T √