Raj Kumar Sharma v. The State Of Bihar

Patna High Court Cr.Misc. No.4801 of 2017 (2) dt.14-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4801 of 2017 Arising Out of PS.Case No. -114 Year- 2016 Thana -HULASGANJ District- JEHANABAD ======================================================

1. Raj Kumar Sharma, Son of Shri Binod Sharma resident of villageNetrayanpur Barki Murari, P.s.

Pali District- Jehanabad .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 Heard the parties.

This application is for grant of anticipatory bail in connection with Hulashganj P.S.Case No.114 of 2016 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted on behalf of the petitioner that the petitioner has prayed for anticipatory bail for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, however, after coming into force the Bihar Prohibition and Excise (Amendment) Act, 2016, as per the provisions under Section 76(2) of the aforesaid Act, the anticipatory bail is not maintainable. Heard learned A.P.P. also.

Having heard both sides. In view of the aforesaid facts, the

Patna High Court Cr.Misc. No.4801 of 2017 (2) dt.14-02-2017 petitioner is directed to surrender before the court below within a period of six weeks and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court and dispose of on the same day, if possible.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U