Rama Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7582 of 2017 Arising Out of PS.Case No. -77 Year- 2016 Thana -MARANCHI District- PATNA ====================================================== Rama Shankar Singh Son of Late Udho Singh Resident of Village - Maranchi Pratappur, P.S. Maranchi, District - Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 290 and 273 of the Indian Penal Code and Section 13/30 of the Bihar Prohibition and Excise Act.

As per provision of Section 76(2) of the 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.

Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner, the same is rejected.

However, petitioner is directed to surrender in the court below, i.e., learned Addl. Chief Judicial Magistrate, Barh,

Patna High Court Cr.Misc. No.7582 of 2017 (2) dt.27-02-2017 2/2 Patna, in connection with Maranchi P. S. Case no. 77 of 2016 and make prayer for regular bail which will be considered on its own merit without being prejudiced by the order of this Court. Accordingly, this application stands disposed of. (Vinod Kumar Sinha, J) sudip/- U T