Patna High CourtCR. MISC./56149/2019dismissed

Rajesh Kumar @ Rajesh Singh v. The State Of Bihar

2019-09-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56149 of 2019 Arising Out of PS. Case No.-468 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== RAJESH KUMAR @ RAJESH SINGH Son of Late Ashok Singh Resident of Basara Kazi, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Saraiya P.S. Case No. 468 of 2019, disclosing offence under Sections 272 and 273 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, considering the fact that the petitioner's name has surfaced on the basis of disclosure made in the

Patna High Court CR. MISC. No.56149 of 2019(2) dt.05-09-2019 2/2 confessional statement of co-accused and total quantity of illicit liquor seized appears to be less than three liters, it is directed that if the petitioner surrenders before the Court below within four weeks from today and seeks regular bail, 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, on the same day. (Chakradhari Sharan Singh, J) Pawan/- U T