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Patna High CourtCR. MISC./4708/2017disposed

Ajeet Kumar v. The State Of Bihar

2017-02-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4708 of 2017 Arising Out of PS.Case No. -68 Year- 2016 Thana -AUGARI District- NALANDA (BIHARSHARIFF) ====================================================== Ajeet Kumar, son of Baso Mahto, resident of village-Nishchal Ganj, P.S. Ekangar Sarai, Dist-Nalanda.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Birendra Kumar, Advocate For the Opposite Party : Mr. Rajendra Prasad Nat (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2017 This application is for grant of anticipatory bail for the offences under Sections 270 and 290/34 of the Indian Penal Code and Section 53(a) of the Amendment of Bihar Excise Act, 2016.

Heard learned counsel for the petitioner.

As per provision of Section 76(2) of Bihar Prohibition and Excise Act, 2016, jurisdiction of this Court under Section 438 of the Code of Criminal Procedure is barred and this application is not maintainable.

In view of the above, 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

Patna High Court Cr.Misc. No.4708 of 2017 (2) dt.13-02-2017 2/2 being prejudiced by this order.

Accordingly, this application is disposed of with the liberty aforesaid.

(Vinod Kumar Sinha, J) sudip/- U T