Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10666 of 2023 Arising Out of PS. Case No.-541 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

ASHOK KUMAR Son of Rajeshwar Kumar Resident of Village - Narayanpur, Police Station - Jagdishpur, District - Bhojpur. 2.

Bhawar Yadav Son of Rajeshwar Kumar Resident of Village - Narayanpur, Police Station - Jagdishpur, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s:

Mrs. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2023 Heard the parties.

2.

Petitioner apprehends his arrest in connection with Jagdishpur P.S. Case No.541 of 2021, registered for the offences under Sections 30(c), 30(d) of Bihar Prohibition and Excise Amendment Act, 2018.

3.

Earlier, vide order dated 13.09.2022 passed in Cr. Misc. No.31408 of 2022, the bail application of the petitioners was withdrawn by the learned counsel for the petitioners with a liberty to file a regular bail in the learned Court below but the petitioners had not surrendered before the learned Court below and has filed a second anticipatory bail application. 4.

Having regards to the facts and circumstances of the case,

Patna High Court CR. MISC. No.10666 of 2023(4) dt.26-07-2023 2/2 as the learned counsel for the petitioner had himself withdrawn the anticipatory bail application of the petitioner, in view of the recent decision of the Supreme Court in the case of G.R. Ananda Babu vs. State of Tamil Nadu and Another reported in 2021 SCC Online SC 176, this second anticipatory bail application is not maintainable. It is accordingly, dismissed. (Anjani Kumar Sharan, J) shikha/- U T