Ravi Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4307 of 2017 Arising Out of PS.Case No. -166 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictLAKHISARAI ====================================================== Ravi Saw, son of late Bhagwan Saw Resident of Gandhi Mohalla(Pachna Road), P.S.- Kabaiya, District- Lakhisarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Arbind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 This application is for grant of anticipatory bail for the offences under Sections 30(a), 32(i) and 38(i) of Bihar Excise Prohibition 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 Cr.P.C. is barred and this application is not maintainable.

In view of that, 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 learned court below, without being prejudiced by this order.

This application is dismissed as withdrawn with the aforesaid liberty.

(Vinod Kumar Sinha, J) spal/- U