Brahamdeo Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6236 of 2017 Arising Out of PS.Case No. -90 Year- 2016 Thana -ROUH District- NAWADA ======================================================

1. Brahamdeo Ram, S/o Raman Ram, Resident of Village- Katahara Nizamat Tola, P.S.- Roh, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Deo Raj, Adv. For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-02-2017 Heard the parties.

This application has been filed for grant of anticipatory bail in connection with Roh P.S. Case No. 90 of 2016 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016, which relates to dated 19.12.2016.

It has been argued on behalf of the petitioner that the seized article has not been recovered from the conscious possession of the petitioner rather it has been recovered in front of the house of the petitioner.

Heard learned A.P.P. also.

Having heard both sides. After coming into force the Bihar Prohibition and Excise Act, 2016 as per Section 76(2) of the

Patna High Court Cr.Misc. No.6236 of 2017 (2) dt.17-02-2017 aforesaid Act this application is not maintainable and as such, let the petitioner, above named, surrender in the court below within a period of four weeks and make prayer for regular bail which shall be considered on its own merit and also after considering the materials available on the record, the learned court below shall dispose of the prayer for bail of the petitioner, preferably on very same day, without being prejudiced by this order. With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) Arvind/- U T