Suresh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4363 of 2017 Arising Out of PS.Case No. -291 Year- 2016 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Suresh Paswan, son of Late Amal Paswan, Resident of Arera, P.S.- Govindganj, District- East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Dhurendra Kumar, Advocate For the Opposite Party : Mr. Binod Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2017 This application is for grant of anticipatory bail for the offences under Sections 30, 37 and 38 of the Bihar Excise (Amendment) & Prohibition Act, 2016.

Heard learned counsel for the petitioner.

In view of the fact that as per provision of Section 76(2) of Bihar Prohibition and Excise Act, 2016, jurisdiction of this Court under Section 438 of the Code of Criminal Procedure is barred and this application is not maintainable. In view of the above, learned counsel for the petitioner seeks permission to withdraw this application with liberty to surrender and make prayer for regular bail in the court below, which shall be considered by the court below, without being prejudiced by this order.

Patna High Court Cr.Misc. No.4363 of 2017 (2) dt.13-02-2017 2/2 This application is dismissed as withdrawn with the liberty aforesaid.

(Vinod Kumar Sinha, J) sudip/- U T