Dinkar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22422 of 2020 Arising Out of PS. Case No.-160 Year-2020 Thana- NAUGACHIA District- Bhagalpur ====================================================== DINKAR CHOUDHARY Son of Late Rambriksha Choudhary Resident of Village - Harnathchak Makandpur, P.S.- Gopalpur, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mrs.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-11-2020 Heard Mr. Manoj Kumar Jha, learned counsel for the petitioner and Mrs. Meena Singh, learned Additional Public Prosecutor for the State.

This application for anticipatory bail arises out of Naugachia P.S. Case No. 160 of 2020 registered for the offence punishable under Sections 30(a) and 38(i) of the Bihar Prohibition and Excise Act.

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 Section 30(a) of the Act is made out in my opinion.

In that view of the matter, this application cannot be

Patna High Court CR. MISC. No.22422 of 2020(2) dt.02-11-2020 2/2 maintained and is accordingly dismissed.

However, the petitioner is directed to surrender before 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) AKASH/- U T