Akhilendra Singh @ Ankhiyan @ Akhilendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46775 of 2019 Arising Out of PS. Case No.-75 Year-2019 Thana- KATHAIYA District- Muzaffarpur ====================================================== AKHILENDRA SINGH @ ANKHIYAN @ AKHILENDRA KUMAR SINGH Son of Late Raj Narayan Singh @ Late Raj Nandan Singh Resident of Village- Hardi, P.S.- Kathaiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Vandana For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Kathaiya P.S. Case No. 75 of 2019, 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, keeping in view the small quantity of liquor

Patna High Court CR. MISC. No.46775 of 2019(2) dt.29-07-2019 2/2 (9 litre) and that the petitioner has no criminal antecedent, it is directed that if petitioner surrenders before the Court below within four weeks from today and seek regular bail, his application for regular bail shall be considered on its own merit on the same day without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court. (Chakradhari Sharan Singh, J) Rajesh/- U T