Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28345 of 2019 Arising Out of PS. Case No.-70 Year-2019 Thana- TRIVENIGANJ District- Supaul ====================================================== MUKESH KUMAR, Son of Anmol Yadav, Resident of Village - Lahi, ward no 3, P.S.- Shankarpur, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Trivenigunj P.S. Case No. 70 of 2019, disclosing offence under Section 224 of the Indian Penal Code and Section 37(b)/(c) of the Bihar Prohibition and Excise Act, 2016.

The petitioner is said to have consumed alcohol. Learned Counsel appearing on behalf of the petitioner has submitted that after having been wrongly apprehended by the police, he was allowed to leave the police station but incorrect allegation has been alleged in the First Information Report that he duped the police and fled away. Since, Section 76(2) of the Bihar Prohibition and Excise Act, 2016, bars application of Section 438 of the

Patna High Court CR. MISC. No.28345 of 2019(2) dt.30-04-2019 2/2 Criminal Procedure Code, this application cannot be maintained and is accordingly dismissed.

However, keeping in mind the nature of allegation, the petitioner is directed to surrender before the Court below within four weeks from today and seek regular bail. If he does so, his application for regular bail shall be considered and decided on the same day.

(Chakradhari Sharan Singh, J.) Ashish/RaginiU T