Ashok Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47244 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

ASHOK SINGH Son of Sudarshan Singh @ Bhai Jee Resident of Village - Gothani, P.S.- Rafiganj, District- Aurangabad 2.

Jayram Singh @ Jai Ram Singh Son of Sudarshan Singh @ Bhai Jee Resident of Village - Gothani, P.S.- Rafiganj, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suresh Mishra For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-07-2019 Heard learned counsel for the parties.

This is an application for grant of anticipatory bail in connection with Rafiganj P.S. Case No. 148 of 2019, disclosing the offence 30(A) of the Bihar Prohibition and Excise Act, 2016 (for short 'the Act of 2016').

In view of the bar under Section 76(2) of the Act of 2016 and the Full Bench decision rendered in the case of Ram Vinay Yadav Vs. The State of Bihar, reported in 2019 (2) PLJR 1089, this application cannot be maintained and is accordingly dismissed.

However, the petitioners are directed to surrender in the court below within four weeks from today and seek regular

Patna High Court CR. MISC. No.47244 of 2019(2) dt.30-07-2019 2/2 bail, if so advised. If they do so, the court below shall consider their prayer for regular bail on its own merit, without being prejudiced by the rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T