Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54830 of 2019 Arising Out of PS. Case No.-115 Year-2019 Thana- MADHUBAN District- East Champaran ====================================================== SANJAY RAI Son of Jai Rai @ Jailal Rai Resident of Village - Chorma, P.S.- Pakaridayal, District- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Madhuban P.S. Case No. 115 of 2019, disclosing offence under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. In view of the Full Bench decision of this Court in case of Ram Vinay Yadav Vs. The State of Bihar, reported in 2019(2) PLJR 1089 (F.B.), and the provisions under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, this application for anticipatory bail cannot be maintained. This application is accordingly dismissed as not maintainable.

However, the petitioner is directed to surrender before the Court below within four weeks from today and seek regular

Patna High Court CR. MISC. No.54830 of 2019(2) dt.03-09-2019 2/2 bail, if so advised. If he does so, his 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/- U T