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Patna High CourtCR. MISC./17230/2019dismissed

Bhim Kumar @ Parvendra Kumar Rai v. The State Of Bihar

2019-06-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17230 of 2019 Arising Out of PS. Case No.-372 Year-2018 Thana- District- Patna ====================================================== BHIM KUMAR @ PARVENDRA KUMAR RAI Son of Umesh Rai Resident of Village - Lavapur Mahnar, P.S.-Mahnar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-06-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Gandhi Maidan P.S. Case N0. 372 of 2018, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 ( for short 'the Act of 2016').

This is the second attempt of the petitioner to seek anticipatory bail, which was earlier rejected by order dated 19.12.2018, passed in Cr. Misc. No. 73152 of 2018. From perusal of the prosecution report, in my view, an offence under the provision of Section 76(2) of the Act of 2016 is made out.

In view of the Full Bench decision rendered in the case of Ram Vinay Yadav vs. The state of Bihar, reported in

Patna High Court CR. MISC. No.17230 of 2019(2) dt.19-06-2019 2/2 2019(2) PLJR 1089, this application cannot be maintained and is accordingly dismissed.

arun/- (Chakradhari Sharan Singh, J) U