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Patna High CourtCR. MISC./8763/2019dismissed

Rahul Kumar @ Chand v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8763 of 2019 Arising Out of PS. Case No.-149 Year-2018 Thana- PHULWARIA District- Begusarai ====================================================== RAHUL KUMAR @ CHAND, S/o Kamdeo Singh, Resident of Village - Baro Kadirchak, P.S.- Phulwaria, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shree Niwas Singh For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== 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 Phulwaria Police Station Case No. 149 of 2018, disclosing offence under Sections 414/120B of the Indian Penal Code and 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.8763 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 √