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Patna High CourtCR. MISC./36957/2019dismissed

Bablu Choudhary v. The State Of Bihar

2019-06-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36957 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== BABLU CHOUDHARY Son of Late Ramji Choudhary Resident of Village - Chatti, P.S.- Sherghati, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the State :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-06-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Sherghati P.S. Case No. 39 of 2019, disclosing the offence under Sections 30(a)/30(d) of Bihar Prohibition and Excise Act, 2016 (for short 'the Act').

In view of bar under Section 76(2) of the Act, this application cannot be maintained and is accordingly dismissed. However, keeping in mind the nature of accusation against this petitioner, based on the disclosures made by persons, whose identity has not been disclosed in the FIR, it is directed that if the petitioner surrenders before the court below within four weeks from today and seeks regular bail, his application shall be considered and disposed of on the same day, on its own merit, without being prejudiced by the rejection of

Patna High Court CR. MISC. No.36957 of 2019(2) dt.19-06-2019 2/2 the present anticipatory bail application (Prabhat Kumar Jha, J) HR/- U R