Patna High CourtCR. MISC./68270/2019dismissed

Pradeep Kumar Mandal @ Pradeep Kumar Vishwash v. The State Of Bihar

2019-11-27Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68270 of 2019 Arising Out of PS. Case No.-348 Year-2019 Thana- JOKIHAT District- Araria ====================================================== PRADEEP KUMAR MANDAL @ PRADEEP KUMAR VISHWASH Son of Fuddu Lal Vishwash Resident of Village- Mahalgaon Simaria Tola Ward No. 05, P.S.- Mahalgaon (Jokihat), District- Araria. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Special Case No. 1183 of 2019 arising out of Jokihat (Mahalgaon) P.S. Case No. 348 of 2019, disclosing offence under 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 small quantity of cough

Patna High Court CR. MISC. No.68270 of 2019(2) dt.27-11-2019 2/2 syrup, containing codin, said to have been recovered, leading to registration of the First Information Report, 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