Pramod Kumar @ Bauwa Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21018 of 2019 Arising Out of PS. Case No.-206 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Pramod Kumar @ Bauwa Yadav, Son of Mahesh Yadav, Resident of VillageMozma, Ward No.6, Police Station-Shankarpur, District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Excise Case No. 206 of 2018-19, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. From the house of the petitioner, the Excise Team are said to have recovered five litres of country-made liquor. The petitioner was not present in the house and it is alleged that he fled away.

Since there being bar under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, this anticipatory bail application cannot be maintained and is, accordingly, dismissed. However, considering the recovery of small quantity of country-made liquor, the petitioner is directed to surrender

Patna High Court CR. MISC. No.21018 of 2019(2) dt.04-04-2019 2/2 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 and decided on its own merit on the same day.

(Chakradhari Sharan Singh, J) Ashish/- U