Jagdish Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80291 of 2018 Arising Out of PS. Case No.-608 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Jagdish Paswan S/O Khuba Paswan Resident of Village-NoneyaNoniya Kodar Ward no,1, P.S- Paharpur ,District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Motihari Excise Case No. 608 of 2018, disclosing offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as 'the Act').

There being bar under Section 76 (2) of the Act, this anticipatory bail application cannot be maintained and is, accordingly, dismissed.

However, considering the nature of allegation in the First Information Report, it is directed that if the petitioner surrenders before the Court below within four weeks from today and applies for regular bail, his application shall be considered

Patna High Court Cr.Misc. No.80291 of 2018(2) dt.24-01-2019 2/2 without being prejudiced by the present order of dismissal. (Chakradhari Sharan Singh, J.) ragini/- U √ T √