Yugeshwar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9086 of 2019 Arising Out of PS. Case No.-174 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== YUGESHWAR MANDAL, Son of Late Nirdhan Mandal, Resident of Village - Tinkonma Rambhadrpur, P.S. Bithan (Siwajunagar O.P.), District Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar For the Opposite Party/s :

Mr. R. B. Roy 'Raman'

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Excise Case No. 174 of 2018, disclosing offence under Sections 30 (a)/38(1) of Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act').

It is stated that the petitioner has criminal antecedent inasmuch as he is accused in Excise Case No. 04 of 2005. 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

Patna High Court Cr.Misc. No.9086 of 2019(2) dt.15-02-2019 2/2 regular bail, if so advised. If he does so, his application for 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 √