Shatrudhan Sah @ Shatrughan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14699 of 2019 Arising Out of PS. Case No.-221 Year-2017 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== SHATRUDHAN SAH @ SHATRUGHAN SAH son of Madai Sah, Resident of Village- Katalpur, Police Staion- Baikunthpur, District- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Baikunthpur P.S. Case No. 221 of 2017, disclosing offence under Section 272 and 272 of the Indian Penal Code and Sections 30(a), 36 and 37 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.

Patna High Court CR. MISC. No.14699 of 2019(2) dt.11-03-2019 2/2 However, the petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If he does so, 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.

(Chakradhari Sharan Singh, J) Pawan/- U T