Rama Shankar Ram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4092 of 2017 Arising Out of PS.Case No. -160 Year- 2016 Thana -DURAULI District- SIWAN ======================================================

1. Rama Shankar Ram ,

2. Balister Ram, Both Son of Ballu Ram, Resident of Village- Bishwania, P.S. Darauli, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Anurag Saurav, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-06-2017 The explanation received from the Court-below in pursuance of the order dated 11.05.2017 is accepted. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The Petitioners are apprehending their arrest in Darauli P.S. Case No.160 of 2016 for the offences punishable under Sections 272/273/308/420/34 of the Indian Penal Code and Sections 30(a)/38(i)/41(1) of the Bihar Prohibition and Excise Act, 2016, pending in the Court of learned Chief Judicial Magistrate, Siwan.

From the field side liquor was allegedly recovered. The local Chaukidar reported that the same was of the petitioners thereafter the house of the petitioner was searched, however,

Patna High Court Cr.Misc. No.4092 of 2017 (5) dt.21-06-2017 2/2 nothing was recovered.

Submission of learned counsel for the petitioner is that petitioner has got no criminal antecedent and false implication is there merely on suspicion.

The aforesaid is a good ground for consideration of prayer for regular bail. However, this anticipatory bail application is not maintainable in view of the statutory bar under Section 76 of the Bihar Prohibition and Excise Act, 2016. Hence, this application stands dismissed as not maintainable. (Birendra Kumar, J) Mkr./- U T