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Patna High CourtCR. MISC./41400/2019dismissed

Amar Kumar v. The State Of Bihar

2019-09-27Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41400 of 2019 Arising Out of PS. Case No.-742 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== AMAR KUMAR S/o Umesh Chauhan Resident of Mohalla- Noniya Tola Govindpur, P.S.- Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Narain Yadav For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2019 Heard learned counsel for the parties.

This is an application for grant of anticipatory bail in Phulwari Sharif P.S. Case No. 742 of 2018, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

In view of 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, considering the small quantity of illicit liquor (10 liters), it is directed that if the petitioner surrenders before the Court below within four weeks from today and seeks regular bail, his application for regular bail shall be considered

Patna High Court CR. MISC. No.41400 of 2019(3) dt.27-09-2019 2/2 and decided on the same day.

(Chakradhari Sharan Singh, J) arun/- U