Patna High CourtCR. MISC./46313/2019dismissed

Munna Singh v. The State Of Bihar

2019-07-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46313 of 2019 Arising Out of PS. Case No.-221 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

MUNNA SINGH Son of Bhukhan Singh Resident of Village - Asani, P.S.- Udwantnagar, District- Bhojpur (Ara) 2.

Sri Niwas Singh Son of Butani Singh Resident of Village - Asani, P.S.- Udwantnagar, District- Bhojpur (Ara) 3.

Bharat Singh Son of Mahabir Singh Resident of Village - Asani, P.S.- Udwantnagar, District- Bhojpur (Ara) 4.

Dhurv Yadav Son of Dahari Yadav Resident of Village - Masarh Tola, P.S.- Udwantnagar, District- Bhojpur 5.

Lal Ji Yadav Son of Nageshwar Yadav Resident of Village - Masarh Tola, P.S.- Udwantnagar, District- Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Maya Shankar Mishra For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Udwantnagar P.S. Case No. 221 of 2019, disclosing offence under Section 30(a) and 30(d) 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

Patna High Court CR. MISC. No.46313 of 2019(2) dt.26-07-2019 2/2 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, the petitioner is directed to surrender before 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) Rajesh/- U T