Anuj Kumar Singh @ Tutu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1931 of 2019 Arising Out of PS. Case No.-487 Year-2018 Thana- KUDRA District- Bhabhua (Kaimur) ====================================================== Anuj Kumar Singh @ Tutu Singh, S/o Gokhul Singh Mahto, Resident of Village-Rampur, P.S.-Kudra, District.-Kaimur (Bhabhua). ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Nath Singh Yadav For the Respondent/s :

Mr.Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Kudra P.S. Case No. 487 of 2018, disclosing offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016. Section 76(2) of the Bihar Prohibition and Excise Act, 2016, bars application of Section 438 of the Criminal Procedure Code.

In that view of the matter, this application cannot be maintained and is accordingly dismissed.

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

Patna High Court Cr.Misc. No.1931 of 2019(2) dt.15-01-2019 2/2 bail by this Court.

Learned counsel for the petitioner, referring to First Information Report, has submitted that the name of the petitioner has been mentioned in the First Information Report only on the basis of secret information and in course of enquiry made by the police. The First Information Report does not disclose as to who disclosed the name of the petitioner as one of the persons, who had fled away from the place of occurrence leaving the bottles of illicit liquor behind him. Considering this aspect of the matter, I direct that if the petitioner surrenders before the Court below within the aforesaid period of four weeks and seeks regular bail, his application should be be disposed of on the same day. (Chakradhari Sharan Singh, J) Pawan/- U T