Ajay Kumar @ Ajay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27281 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== AJAY KUMAR @ AJAY CHOUDHARY Son of Ravindra Choudhary @ Kari Choudhary, Resident of Mohalla- Bhatiya Nagar, Batraha, Ward No. 26, P.S. and District- Saharsa.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Saharsa Sadar P.S. Case No. 14 of 2019, disclosing offence under Section 30(a) of 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 Section 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, considering the fact that small quantity of

Patna High Court CR. MISC. No.27281 of 2019(2) dt.25-04-2019 2/2 toddy (ten Liters) is said to have been recovered from thatched house of the petitioner, it is directed that if the petitioner surrenders before the Court below within four weeks from today and seeks regular bail, his application for regular bail shall be considered on the same day 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) Pawan/- U T