Mahendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51167 of 2019 Arising Out of PS. Case No.-347 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== MAHENDRA MANDAL Son of Akalu Mandal Resident of Village - Kalandra, P.S.- Sherghati, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Sherghati P.S. Case No. 347 of 2018, disclosing offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. 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.

However, considering that five liters of mahua wine is said to have been recovered, it is directed that if the petitioner surrenders before the Court below within four weeks from today

Patna High Court CR. MISC. No.51167 of 2019(2) dt.17-08-2019 2/2 and seeks regular bail, his application for regular bail shall be considered and disposed of 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