Barhmdeo Chaudhary @ Brahmdeo Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43923 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- ROHTAS District- Rohtas ====================================================== BARHMDEO CHAUDHARY @ BRAHMDEO CHAUDHARY Son of Late Jageshwar Chaudhary Resident of Village - Rasulpur, P.S. and DistrictRohtas ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Kamla Kant Pandey For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== 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 Rohtas P.S. Case No. 66 of 2019, disclosing offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. Allegedly, ten liters of Mahua wine was recovered by the police.

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, this application for anticipatory bail cannot be maintained. This application is accordingly dismissed as not maintainable.

Patna High Court CR. MISC. No.43923 of 2019(2) dt.17-07-2019 2/2 However, considering the small quantity, if the petitioner surrenders before the Court below within four weeks from today and seeks regular bail, his application for regular bail shall be considered, on the same day, 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