Md. Nasin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22371 of 2020 Arising Out of PS. Case No.-72 Year-2020 Thana- BIHIA District- Bhojpur ====================================================== MD. NASIN ANSARI Son of Late Khairati Ansari Resident of VillageKateya Road Bihiya Gaon, P.S.- Bihiya, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-01-2021 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Excise Case No. 556 of 2020 arising out of Behea P.S. Case No. 72 of 2020, disclosing offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act,2016. In view of the Full Bench decision of this Court in case of Ram Vinay Yadav Vs. The State of Bihar, reported in 2019(2) PLJR 1089(F.B.), and the provisions under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, this application for anticipatory bail cannot be maintained. This application is accordingly dismissed as not maintainable.

However, the petitioner is directed to surrender before

Patna High Court CR. MISC. No.22371 of 2020(4) dt.11-01-2021 2/2 the Court below within four weeks from today and seek 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) arun/- U