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Patna High CourtCR. MISC./20945/2017dismissed

Munna Singh v. The State Of Bihar

2017-07-01Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20945 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -PURANHIA District- SHEOHAR ====================================================== Munna Singh Son of Parikshan Singh, Resident of Village- Vishunpur Chhatuna, P.S.- Piprahi, District- Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sidhendra Narayan Singh For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-07-2017 Heard.

At least for two reasons the present application seeking anticipatory bail in Purnahia P.S. Case No. 12 of 2017 registered under sections 30(A), 33 & 36 of the Bihar Prohibition & Excise Act, 2016 is fit to be rejected. Firstly, a huge quantity of foreign liquor was recovered from the rooftop of co-accused Ram Chandra Choudhary who gave out the name of the petitioner as the main accused. Secondly, the learned Sessions Judge in the impugned order has noticed the relevant provision(s) of the Act wherein there is no provision for grant of anticipatory bail under section 438 Cr. P.C.

Mr. S.K. Singh, APP has also submitted that the

Patna High Court Cr.Misc. No.20945 of 2017 (3) dt.01-07-2017 2/2 provisions of law do not permit grant of anticipatory bail. The present application is accordingly rejected. (Kishore Kumar Mandal, J) HR/- U T