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Patna High CourtCR. MISC./76607/2019dismissed

Binod Paswan @ Vinod Paswan v. The State Of Bihar

2019-11-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76607 of 2019 Arising Out of PS. Case No.-256 Year-2019 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1.

BINOD PASWAN @ VINOD PASWAN Son of Sathu Paswan @ Satahu Paswan Resident of Village- Sekhpurwa, P.S.- Pakarideyal, District- East Champaran.

2.

Suresh Paswan @ Suresh Kumar S/o Shri Pandit Resident of VillageSekhpurwa, P.S.- Pakarideyal, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mrs.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-11-2019 Heard learned counsel for the petitioners and the State.

The petitioners have approached this Court for grant of anticipatory bail in connection with Pakaridayal P.S. Case No. 256 of 2019 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

In view of the statutory provision the anticipatory bail application is not maintainable. It is, accordingly, rejected. However, liberty shall be available to the petitioners to approach the court below and on surrender the Court below is required to consider and dispose of the bail application of the petitioners for grant of regular bail in terms of the principles

Patna High Court CR. MISC. No.76607 of 2019(2) dt.27-11-2019 2/2 discussed by this Court in the case of Ashok Sahni Vs. The State of Bihar, Cr. Misc. No. 26901 of 2017 vide order dated 6.11.2017 on the same day without being influenced by disposal of this anticipatory bail application as not maintainable. With the aforesaid, this anticipatory bail application stands disposed of.

(Anil Kumar Upadhyay, J) spandey/- U T