Naga Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6087 of 2019 Arising Out of PS. Case No.-293 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== Naga Sah, Son of Late Dashrath Sah, Resident of Village - Punaura Ward, P.S.- Punaura O.P., District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-02-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Riga Police Station Case No. 293 of 2018, disclosing offence under Sections 272, 273 and 34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act').

There being bar under Section 76 (2) of the Act, this anticipatory bail application cannot be maintained and is, accordingly, dismissed.

However, considering the nature of allegation in the First Information Report, it is directed that if the petitioner surrenders before the Court below within four weeks from today

Patna High Court Cr.Misc. No.6087 of 2019(2) dt.04-02-2019 2/2 and applies for regular bail, his application shall be considered without being prejudiced by the present order of dismissal. (Chakradhari Sharan Singh, J.) ragini/- U √ T √