Maharana Kunwar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8381 of 2019 Arising Out of PS. Case No.-132 Year-2018 Thana- ASANWA District- Siwan ======================================================

1. MAHARANA KUNWAR, Son of Vashisht Kunwar

2. Rajiv Kunwar, Son of Vashisht Kunwar Both are residents of Village - Kandh Pakad, P.S.- Asanwa, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Prasad Yadav For the Opposite Party/s :

Ms.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-02-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Asanwa Police Station Case No. 132 of 2018, disclosing offence under Sections 272/273/308 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 petitioners are directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If they do so, their application for

Patna High Court Cr.Misc. No.8381 of 2019(2) dt.13-02-2019 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 √