Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76237 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Saharsa ====================================================== Rajesh Kumar, Son of Laxman Mahto, resident of Village- Solindabad Ward No. 4, P.S.- Sadar, District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Sri Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-01-2019 This application for anticipatory bail arises out of Special Excise Case No. 437 of 2018 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Learned counsel for the petitioner seeks permission to withdraw this application. He contends that he has remedy of appeal under Section 89 of the Bihar Prohibition and Excise Act, 2016 against the order passed by the learned Special Judge, Excise Act, Saharsa, rejecting the petitioner's application for anticipatory bail.

In view of clear bar under Section 76(2) of the Act, possibly the anticipatory bail application filed before the Court below itself was not maintainable.

Without commenting upon whether the petitioner has

Patna High Court Cr.Misc. No.76237 of 2018(3) dt.11-01-2019 2/2 such remedy of appeal or not, this application is permitted to be withdrawn with the observation that petitioner may avail such remedy as may be found available under the law. Petitioner may take back the certified copies of the First Information Report and the order passed by the learned Special Judge, Excise Act, Saharsa, rejecting the petitioner's application for anticipatory bail from the Registry. This application stands dismissed as withdrawn. (Chakradhari Sharan Singh, J) Pawan/- U T