Mahendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19099 of 2018 Arising Out of PS.Case No. -19 Year- 2017 Thana -BHAGWANGANJ District- PATNA ====================================================== Mahendra Prasad, S/o Late Chandrika Yadav, Resident of VillageKajichak, P.S.- Bhagwanganj, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has renewed his application for grant of pre-arrest bail in connection with Bhagwanganj P.S.Case No. 19 of 2017 registered under Sections 30(a)(b)(c) of the Bihar Prohibition and Excise Act, 2016 (for short 'the Act'). The prayer for grant of pre-arrest bail was earlier rejected by this Court vide order dated 13.07.2017 passed in Cr.Misc. No. 31810 of 2017 on the ground that in view of the provisions prescribed under sub-section (2) of Section 76 of the Act an application under Section 438 of the Code of Criminal Procedure would not be maintainable.

For the reasons assigned in the aforestated order dated

Patna High Court Cr.Misc. No.19099 of 2018 (2) dt.05-09-2018 2/2 13.07.2017 passed in Cr.Misc. No. 31810 of 2017, I see no merit in this application. It is accordingly dismissed. (Ashwani Kumar Singh, J) Pradeep/- U T