Subhash Paswan And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13567 of 2019 Arising Out of PS. Case No.-642 Year-2018 Thana- HILSA District- Nalanda ====================================================== 1.

SUBHASH PASWAN, Son of Mishri Paswan resident of villagePachrukhia, Police Station-Hilsa, District-Nalanda. 2.

Bina Devi, Wife of Subhash Paswan, resident of village-Pachrukhia, Police Station-Hilsa, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-03-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Hilsa Police Station Case No. 642 of 2018, disclosing offence under Sections 272/273/34 of the Indian Penal Code and Sections 30(a), 37 (c) 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, above named, are directed to surrender before the Court below within a period of four weeks

Patna High Court CR. MISC. No.13567 of 2019(2) dt.06-03-2019 2/2 from today and seek regular bail, if so advised. If they do so, their 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.) Prabhakar Anand/- U √ T √