Dhiraj Kumar @ Dheeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79742 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- PAROO District- Muzaffarpur ====================================================== DHIRAJ KUMAR @ DHEERAJ KUMAR Son of Naresh Ray Resident of Village- Pana Chhapra urf Sanrha Sumar, P.S.- Motipur, District- Muzaffarpur and at present resident of Village- Mahammadpur, P.S.- Paroo, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Paroo P.S. Case No. 110 of 2019, disclosing the offence under Sections 30 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

In view of the Full Bench decision of this Court in case of Ram Vinay Yadav Vs. The State of Bihar, reported in 2019(2) PLJR 1089 (F.B.), and the provisions under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, this application for anticipatory bail cannot be maintained. This application is, accordingly, dismissed as not

Patna High Court CR. MISC. No.79742 of 2019(2) dt.05-12-2019 2/2 maintainable.

However, considering the quantity of liquor (18.795 ltrs.) said to have been recovered, the petitioner is directed to surrender before the Court below within four weeks from today and seeks regular bail, if so advised. If he does so, his application for regular bail shall be considered and disposed of on the same day.

(Chakradhari Sharan Singh, J) S.Ali/- U T