Prem Parvat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4318 of 2017 Arising Out of PS.Case No. -8 Year- 2017 Thana -MEERGANJ District- GOPALGANJ ====================================================== Prem Parvat S/o Rajendra Parvat, Resident of Village-Chhap Mathia, P.S.- Mirganj, District-Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Yogendra Prasad Sinha, Advocate For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 This application is for grant of anticipatory bail for the offences under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act, 2016.

Heard learned counsel for the petitioner.

In view of the fact that as per provision of Section 76(2) of Bihar Prohibition and Excise Act, 2016, jurisdiction of this Court under Section 438 Cr.P.C. is barred and this application is not maintainable.

In view of that, learned counsel for the petitioner seeks permission to withdraw this application with liberty to surrender and make prayer for regular bail in the court below, which shall be considered by the court below, without being prejudiced by this order.

This application is dismissed as withdrawn with the aforesaid liberty.

(Vinod Kumar Sinha, J) spal/- U