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Patna High CourtCR. MISC./73220/2018dismissed

Ravi Kumar @ Ravi Kumar Singh And ANR v. The State Of Bihar

2018-12-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73220 of 2018 Arising Out of PS. Case No.-159 Year-2018 Thana- GOPALPUR District- Gopalganj ======================================================

1. RAVI KUMAR @ RAVI KUMAR SINGH Son of Madan Singh

2. Pradee Kumar Singh@ Pradip Singh son of Madan Singh Both Resident of Village: Tulachhapar, P.S. Gopalpur, District: Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan For the Opposite Party/s :

Mrs. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Gopalpur P.S. Case No. 159 of 2018, disclosing offence under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. Section 76(2) of the Bihar Prohibition and Excise Act, 2016, bars application of Section 438 of the Criminal Procedure Code. Based on the allegation made in the First Information Report, a case under Section 30(a) of the Act is made out in my opinion.

In that view of the matter, this application cannot be maintained and is accordingly dismissed.

Patna High Court Cr.Misc. No.73220 of 2018(2) dt.20-12-2018 2/2 However, the petitioners are directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If they do so, their 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) Pawan/Ragini U T