Bhola Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14081 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- SIWAN CITY District- Siwan ====================================================== BHOLA YADAV Son of Krishna Yadav Resident of Village - Mauli Ke Bathan, Makhdum Sarai, P.s.- Siwan Nagar (Sarai O.p.) In the distt.- of Siwan.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Siwan Nagar (Sarai) P.S. Case No. 12 of 2019, disclosing offence under Section 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. Section 76(2) of the Bihar Prohibition and Excise Act, 2016, bars application of Section 438 of the Criminal Procedure Code. Based on the allegation made in the First Information Report, a case under Section 30(a) of the Act is made out in my opinion.

In that view of the matter, this application cannot be maintained and is accordingly dismissed.

However, considering that fact that recovery is of

Patna High Court CR. MISC. No.14081 of 2019(2) dt.07-03-2019 2/2 small quantity, if the petitioner surrenders before the Court below within four weeks from today and seek regular bail, 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 on the same day. (Chakradhari Sharan Singh, J) Pawan/- U T