Arjun Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43917 of 2019 Arising Out of PS. Case No.-183 Year-2019 Thana- KONCH District- Gaya ====================================================== ARJUN SINGH Son of Late Kailash Singh Resident of Village - Ghoraha, P.S.- Konch, Distt - Gaya.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Konch P.S. Case No. 183 of 2019, disclosing offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. Not only this application for anticipatory bail is not maintainable in view of the Full Bench decision of this Court in case of Ram Vinay Yadav Vs. The State of Bihar, reported in 2019(2) PLJR 1089 (F.B.), and the provisions under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, I also notice from the averments made in paragraph 3 of the application that the petitioner has criminal antecedent. This application is accordingly dismissed as not maintainable.

However, the petitioner is directed to surrender before

Patna High Court CR. MISC. No.43917 of 2019(2) dt.17-07-2019 2/2 the Court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

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