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Patna High CourtCR. MISC./8295/2017dismissed

Paltu Sah v. The State Of Bihar

2017-03-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 8295 of 2017 Arising out of P.S. Case No. - 429 Year - 2016 Thana - HARSIDHI District - EASTCHAMPARAN (MOTIHARI) ====================================================== Paltu Sah, Son of Late Aklu Sah, R/o Village - Rani Chapra, P.S. - Harsidhi, District - East Champaran, Motihari .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sharda Nand Mishra, Advocate For the Opposite Party : Mr. Akhileshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30, 36, 37(A), 38 of the Bihar Prohibition and Excise Act, 2016.

Foreign liquor was recovered from the Gosala of this petitioner on 20.12.2016.

This anticipatory bail application is not maintainable in view of the bar under Section 76 of the Bihar Prohibition and Excise Act, 2016.

Hence, this application is dismissed as not maintainable in connection with Harsidhi Police Station Case No. 429 of 2016 pending in the court of learned Chief Judicial

Patna High Court Cr.Misc. No.8295 of 2017 (2) dt.10-03-2017 2/2 Magistrate, East Champaran, Motihari.

Kundan (Birendra Kumar, J) U T