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Patna High CourtCR. MISC./8773/2019dismissed

Mukan Yadav @ Mukhan Kumar @ Upendra Kumar v. The State Of Bihar

2019-02-14Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8773 of 2019 Arising Out of PS. Case No.-238 Year-2018 Thana- PAKARIBARAWAN District- Nawada ====================================================== MUKAN YADAV @ MUKHAN KUMAR @ UPENDRA KUMAR, Son of Mishri Yadav Resident of village-Parariya, P.S.- Dhamoul, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== 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 Pakribarawan (Dhamaul O.P.) Police Station Case No. 238 of 2018, disclosing offence under Section 30 (a) 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.

The petitioner is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for

Patna High Court Cr.Misc. No.8773 of 2019(2) dt.14-02-2019 2/2 regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J.) ragini/- U √ T √