Amit Kumar @ Chullu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4857 of 2017 Arising Out of PS.Case No. -213 Year- 2016 Thana -PATNA CITY CHOWK District- PATNA ======================================================

1. Amit Kumar @ Chullu S/o Late Badri Prasad Resident of VillageJhaugang Gali, Police Station- Chowk, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jay Ram Prasad For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 Heard the parties.

The petitioner has filed this application for grant of anticipatory bail in connection with Chowk P.S. Case No.213 of 2016 for the offence under Sections 30(a) (c), (d)/38/41 of Bihar Prohibition & Excise Act, 2016, however, as per Section 76(2) of the Bihar Prohibition & Excise (Amendment) Act, 2016, the application made under Section 438 of the Code of Criminal Procedure is not maintainable.

Heard learned A.P.P. also.

Having heard both sides. In view of the aforesaid facts, the petitioner is directed to surrender before the court below within a period of six weeks and make prayer for regular bail before the court below, which will be considered by the learned court below

Patna High Court Cr.Misc. No.4857 of 2017 (2) dt.14-02-2017 2/2 on its own merit without being prejudiced by the order of this Court.

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