Jeevan Kumar @ Jeevan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81429 of 2019 Arising Out of PS. Case No.-1095 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== JEEVAN KUMAR @ JEEVAN YADAV Son of Shri Bhutti Yadav @ Bhutto Yadav Resident of Village - Tamout Parsa, P.S.- Murliganj, Distt - Madhepura.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Shri Bhikhari Kumar Son of not known to the petitioner, posted as Sub - Inspector of Excise, Ambulatory - team, Madhepura, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Singh, Advocte For the Opposite Party/s :

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-12-2019 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, 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 7.7.2017 passed in Cr. Misc. No. 26109 of 2017 and dispose of the application for regular

Patna High Court CR. MISC. No.81429 of 2019(2) dt.11-12-2019 2/2 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) spandey/- U T