Raghu Mahto @ Jai Prakash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35659 of 2020 Arising Out of PS. Case No.-302 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== RAGHU MAHTO @ JAI PRAKASH MAHTO Son of Baidyanath Mahto Resident of Village- Gangapur, Ward No. 8, P.S.- Musarigharari, DistrictSamastipur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Excise Case No. 302 of 2018, disclosing offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. In view of the Full Bench decision of this Court in case of Ram Vinay Yadav Vs. The State of Bihar, reported in 2019(2) PLJR 1089 (F.B.), and the provisions under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, this application for anticipatory bail cannot be maintained. This application is accordingly dismissed as not maintainable.

However, the petitioner is directed to surrender before the Court below within four weeks from today and seek regular

Patna High Court CR. MISC. No.35659 of 2020(2) dt.25-01-2021 2/2 bail, if so advised. If he does so, his application for regular bail shall be considered 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