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Patna High CourtCR. MISC./40096/2019dismissed

Vijay Kumar Sah @ Vijay Sah v. The State Of Bihar

2019-07-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40096 of 2019 Arising Out of PS. Case No.-127 Year-2019 Thana- JAYNAGAR District- Madhubani ====================================================== VIJAY KUMAR SAH @ VIJAY SAH Son of Ramprit Sah Resident of Village - Korhiya, P.S.- Jaynagar, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2019 Heard learned counsel for the parties.

This is an application for grant of anticipatory bail in connection with Jainagar P.S. Case No. 127 of 2019 (G.R.No. 484 of 2019), disclosing offences under Sections 272, 273, 420, 414 and 120(B)/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 (for short 'the Act of 2016').

In view of the bar under Section 76(2) of the Act of 2016 and the Full Bench decision rendered in the case of Ram Vinay Yadav Vs. The State of Bihar, reported in 2019 (2) PLJR 1089, this application cannot be maintained and is accordingly dismissed.

However, the petitioner is directed to surrender in the

Patna High Court CR. MISC. No.40096 of 2019(2) dt.01-07-2019 2/2 court below within four weeks from today and seek regular bail, 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