Md. Rafique @ Rafique Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69937 of 2019 Arising Out of PS. Case No.-324 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Md. Rafique @ Rafique Miya, Son of Israiyal Miya Resident of VillageRohra Kailgad, P.S.- Barhariya, District- Siwan. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ranjeet Kumar, Advocate For the Opposite Party :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Siwan Mufassil (Mahadewa) P.S. Case No.324 of 2019 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

In view of the express bar created under sub-section

(2) of Section 76 of the Bihar Prohibition and Excise Act, the instant application under Section 438 of the CrPC for grant of pre-arrest bail to the petitioner in connection with a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act is not maintainable. Accordingly, the same is dismissed as not maintainable.

Patna High Court CR. MISC. No.69937 of 2019(2) dt.27-11-2019 2/2 In case, the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order keeping in mind the observations made in Ashok Sahani vs. State of Bihar [2017

(3) PLJR632].

(Ashwani Kumar Singh, J.) Sanjeet/- U T