Manoj Rai @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1134 of 2020 Arising Out of PS. Case No.-253 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== Manoj Rai @ Manoj Kumar Son of Rajgir Rai Resident of Village - Chakarashulabad, P.S.- Patepur, Distt - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

None For the Opposite Party/s :

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-11-2021 None appears on behalf of the petitioner when the matter is called.

2. The petitioner has renewed his prayer for anticipatory bail in connection with Jandaha P.S. Case No. 253 of 2018 having earlier been dismissed as withdrawn by the order dated 15.02.2019 in Criminal Miscellaneous No. 9048 of 2019 for the alleged offences alleged under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. Having regard to the nature of accusations made, the petitioner has not been able to satisfactorily show that no offence is made out under the Bihar Prohibition and Excise Act, 2016. As such and for the detailed reasons enumerated in my earlier order passed in Cr. Misc. No 9688 of 2020 (Ghanshyam Ram vs State of Bihar), the petition for anticipatory bail is held to be not maintainable in terms of Section 76(2) of the said Act. The petition stands dismissed.

4. If the petitioner surrenders and seeks regular bail before the learned court below, the same shall be considered on its

Patna High Court CR. MISC. No.1134 of 2020(4) dt.03-11-2021 2/2 own merit in accordance with law without being prejudiced by any observation in the present order.

rishi/- (Vikash Jain, J) U T