Ripu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81468 of 2019 Arising Out of PS. Case No.-54 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== Ripu Yadav Son of Binay Prasad @ Binay Yadav Resident of Village - Birbal Bigha, P.S.- Belaganj in the District of Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Braj Nandan Kumar Tiwary, Advocate For the Opposite Party :

Mr.Anil Prasad Singh, 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 Belaganj P.S. Case No. 54 of 2019 for offence under 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, the Court below is directed to strictly adhere to the principles

Patna High Court CR. MISC. No.81468 of 2019(2) dt.11-12-2019 2/2 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