Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49684 of 2019 Arising Out of PS. Case No.-430 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== MANJU DEVI W/o Ram Murat Yadav Resident of Village- Biuani, P.S.- Bahadurpur (O.P. Pataur), District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Das For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has renewed her prayer for bail in connection with G.O. Case No. 866/2018, arising out of Bahadurpur (Sonki) P.S. Case No. 430 of 2018 for the offences alleged under Sections 30(a), 32(2),(3), 38 of the Bihar Prohibition and Excise Act, 2016 (for short 'the Prohibition Act, 2016') having earlier been rejected by this Court by order dated 12.03.2019 in Criminal Miscellaneous No. 15039 of 2019.

3. At the outset it is observed that the matter relates to offence under the Prohibition Act, 2016 and the petitioner's earlier attempt for grant of anticipatory bail was rejected on the ground that such prayer was not maintainable in view of Section 76(2) of the Prohibition Act, 2016,

4. Having heard learned counsel for the petitioner, this Court sees no reason to take a different view in the matter. The petition

Patna High Court CR. MISC. No.49684 of 2019(2) dt.18-09-2019 2/2 stands dismissed.

5. Needless to say, if the petitioner surrenders and seeks regular bail before the learned Court below the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order. (Vikash Jain, J) Chandran/- U T