Arjun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43144 of 2019 Arising Out of PS. Case No.-184 Year-2019 Thana- KONCH District- Gaya ====================================================== ARJUN SINGH Son of Late Kailash Singh Resident of Village-Ghoraha, Police Station-Konch and District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the State :

Dr. (Mrs.) Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-07-2019 Heard learned counsel for the parties.

This is an application for grant of anticipatory bail in connection with Konch P.S. Case No. 184 of 2019, disclosing the offence punishable under 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 court below within four weeks from today and seek regular bail, if so advised. If he does so, the court below shall consider his

Patna High Court CR. MISC. No.43144 of 2019(2) dt.12-07-2019 2/2 prayer for regular bail on its own merit, without being prejudiced by the rejection of the present anticipatory bail application.

I have also noticed that the petitioner has criminal antecedent, inasmuch he is an accused of commission of offence in another case, punishable under Section 30(a) of the Act of 2016.

(Chakradhari Sharan Singh, J) HR/- U T