Sunil Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30193 of 2019 Arising Out of PS. Case No.-60 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Sunil Chaudhary Son of Sewak Chaudhary Resident of Village-Pathraura (Bhukhan Bigha), P.S.-Magadh Medical, District-Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Gaya Magadh Medical P.S. Case No. 60 of 2019 registered under Section 30(1)(d) of the Bihar Prohibition and Excise Act, 2016.

Considering that in view of the allegation made in the FIR, a prima facie case under the Bihar Prohibition and Excise Act, 2016 is made out, keeping in mind the ratio laid down by the Full Bench of this Court in Ram Vinay Yadav Vs, State of Bihar, since reported in 2019(2) PLJR 1089 and sub-section (2) of Section 76 of the Bihar Prohibition and Excise Act, 2016, which bars applicability of Section 438 of the Code of Criminal

Patna High Court CR. MISC. No.30193 of 2019(3) dt.17-08-2019 2/2 Procedure, I am not inclined to grant pre-arrest bail to the petitioner.

The application is rejected as not maintainable. (Ashwani Kumar Singh, J) Pradeep/- U T