Fantu Chaudhary @ Fantus Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71871 of 2019 Arising Out of PS. Case No.-329 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Katihar ====================================================== Fantu Chaudhary @ Fantus Chaudhary, Son of Late Vinod Chaudhary, R/o - Dumar, Adiwasi Tola, P.S.- Falka (Pothia), District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with C.I. Case No. 329 of 2019 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. 12.750 litres of illicit liquor is said to have been recovered from the house of the petitioner and thereafter prosecution report was submitted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Since, the above stated Bihar Prohibition and Excise Act, 2016 bars to entertain the anticipatory bail in respect of offences of the aforesaid act, in my view, this anticipatory bail is not maintainable, accordingly, the prayer for anticipatory bail stands disposed of being not maintainable.

However, petitioner is directed to surrender before the court below within six weeks from today and if he does so and makes prayer for regular bail, the concerned court shall consider

Patna High Court CR. MISC. No.71871 of 2019(2) dt.18-12-2019 2/2 the regular bail application of the petitioner on its own merit without being prejudiced by this rejection order. (Hemant Kumar Srivastava, J) khushbu/- U T