Raju Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80386 of 2018 Arising Out of PS. Case No.-254 Year-2018 Thana- DEEPNAGAR District- Nalanda ====================================================== Raju Kewat Late Lala Kewat Resident of Village- Badri Bigha, Chak Dilawar, P.S.- Deep Nagar, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-01-2019 Heard learned counsel for the parties.

The application for anticipatory bail arises out of Deepnagar P.S. Case No. 254 of 2018, disclosing offences under Sections 272, 273 and 291/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

On the basis of the prosecution report, I find that Sections 76(2) of the Bihar Prohibition and Excise Act, 2016 bars the exercise of power under Section 438 of the Cr. P.C. for grant of anticipatory bail. In such circumstance, this application cannot be maintained and is accordingly dismissed. However, the petitioner is directed to surrender in the court below within four weeks from today and seek regular bail,

Patna High Court Cr.Misc. No.80386 of 2018(2) dt.24-01-2019 2/2 if so advised. If he does so, the court below shall consider his prayer for regular bail on its own merit, without being prejudiced by the rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T