Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73212 of 2018 Arising Out of PS. Case No.-637 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Raj Kumar Sah, Son of Late Prabhu Sah, Resident of Village- Shankar Saraiya Kaswa Tola, P.S.- Turkauliya, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Turkauliya P.S. Case No. 637 of 2018, disclosing offences under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the 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 Sections 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.

However, the petitioner is directed to surrender before

Patna High Court Cr.Misc. No.73212 of 2018(2) dt.20-12-2018 2/2 the Court below within four weeks form today and seeks 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) Ashish/- U