Motiuar Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16391 of 2019 Arising Out of PS. Case No.-640 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== MOTIUAR RAHMAN S/o Shobhan Mian resident of A.M. Road P.S. Balirampur, Distt.-South Bilashpur, W.B.

... ... Petitioner

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2019 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor for the State is present.

This application for grant of anticipatory bail arises out of Turkauliya (Banjariya) P.S. Case No. 640 of 2019, disclosing offence under Sections 272 and 273/34 of the Indian Penal Code and Sections 30(a), 38 and 41 of Bihar Prohibition and Excise Act, 2016.

Though by order dated 15.03.2019 case diary was called for, which has been received, however, in view of the Full Bench decision of this Court in case of Ram Vinay Yadav Vs. The State of Bihar, reported in 2019(2) PLJR 1089 (F.B.), and the provisions under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, this application for anticipatory bail cannot be

Patna High Court CR. MISC. No.16391 of 2019(11) dt.27-09-2019 2/2 maintained.

This application is accordingly dismissed as not maintainable.

However, the petitioner is directed to surrender before 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