Ranjit Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22252 of 2020 Arising Out of PS. Case No.-45 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== RANJIT MUKHIYA Son of Raghveer Mukhiya Resident of Village - Aunhar Shek, P.S.- Majhaulia, Distt.- Bettiah, W. Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Ms. Aparajita For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2021 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Majhaulia P.S. Case No. 45 of 2019 for the offence 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.

Learned counsel appearing on behalf of the petitioner has, however, drawn my attention to various orders passed by this Court, namely, order dated 24.10.2019 passed in Cr. Misc.

Patna High Court CR. MISC. No.22252 of 2020(3) dt.05-01-2021 2/2 No. 67970 of 2019, order dated 29.11.2019 passed in Cr. Misc. No. 73165 of 2019, order dated 24.01.2020 passed in Cr. Misc. No. 1241 of 2020, order dated 12.06.2020 passed in Cr. Misc. No. 16992 of 2020, whereby in similar circumstance, other coaccused persons have been allowed anticipatory bail by this Court.

On perusal of the said orders passed by this Court, it does not appear that the question of maintainability of anticipatory bail application was raised.

However, it is directed that if the petitioner surrenders before the Court below within four weeks from today and applies for regular bail, his application for regular bail shall be considered on its own merit and disposed of on the same day considering the fact that similarly circumstanced co-accused persons have been allowed anticipatory bail by this Court. (Chakradhari Sharan Singh, J) Pawan/- U T