Manoj Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4360 of 2017 Arising Out of PS.Case No. -159 Year- 2016 Thana -RAJPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Manoj Das, S/o Late Tilak Das, R/o Sahbiya, P.S.- Rajepur, Dist- East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2017 This application is for grant of anticipatory bail for the offences under Sections 272, 273 of the Indian Penal Code and Section 30(A) and 38 (D) of the Bihar Prohibition Act and Excise Act, 2016.

Heard learned counsel for the petitioner.

In view of the fact that as per provision of Section 76(2) of Bihar Prohibition and Excise Act, 2016, jurisdiction of this Court under Section 438 of the Code of Criminal Procedure is barred and this application is not maintainable. In view of the above, learned counsel for the petitioner seeks permission to withdraw this application with liberty to surrender and make prayer for regular bail in the court below, which shall be considered by the court below, without

Patna High Court Cr.Misc. No.4360 of 2017 (2) dt.13-02-2017 2/2 being prejudiced by this order.

This application is dismissed as withdrawn with the liberty aforesaid.

(Vinod Kumar Sinha, J) sudip/- U T