Nitish Kumar @ Jhari Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81461 of 2019 Arising Out of PS. Case No.-213 Year-2019 Thana- BIBHUTIPUR District- Samastipur ====================================================== Nitish Kumar @ Jhari Lal Son of Ramesh Prasad Singh Resident of Muhammadpur Sakra Tola Muria Sthan, P.S.- Bibhutipur, Disrict Samastipur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Jay Prakash Sharma, Advocate For the Opposite Party :

Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Bibhutipur P.S. Case No. 213 of 2019 for offence under Sections 272and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. In view of the statutory provisions prescribed under sub-section (2) of Section 76 of the Bihar Prohibition and Excise Act, 2016, the present application for anticipatory bail is not maintainable, and as such, the Court is not inclined to entertain the application.

However, liberty shall be available to the petitioner to surrender before the Court below and pray for regular bail. If the petitioner surrenders and prays for regular bail,

Patna High Court CR. MISC. No.81461 of 2019(2) dt.11-12-2019 2/2 the Court below is directed to strictly adhere to the principles laid down by this Court in the case of Ashok Sahani Vs. The State of Bihar, vide order dated 07.07.2017 passed in Cr. Misc. No. 26109 of 2017 and dispose of the application for regular bail filed on behalf of the petitioner on the same day. With the aforesaid, this anticipatory bail application stands disposed of.

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