Anoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9361 of 2019 Arising Out of PS. Case No.-171 Year-2018 Thana- ANDHRAMATH District- Madhubani ====================================================== ANOJ SINGH Son of Late Ram Sagar Singh Resident of Village - Subbatol, Chattapur PS Andharamath Distt. Madhubani.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-02-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Andhara Math P.S. Case No. 171 of 2018, disclosing offence under Section 272, 273 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 and considering the fact that petitioner has criminal antecedent inasmuch as he is involved in similar offence in another case also, this application is accordingly dismissed. However, the petitioner is directed to surrender before

Patna High Court Cr.Misc. No.9361 of 2019(2) dt.18-02-2019 2/2 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) Pawan/- U T