Kunal Kumar @ Kunal Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86524 of 2019 Arising Out of PS. Case No.-413 Year-2019 Thana- SAHPUR District- Patna ====================================================== Kunal Kumar @ Kunal Dom Son of Sunil Ram @ Disco Dom Resident of Village - Turha Toli , P.S.- Shahpur, Distt.- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Shahpur P.S. Case No. 413 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

Taking into consideration that said recovery was made from the house of the petitioner and petition under Section 438 of the Cr.P.C. is not maintainable in the cases lodged under the provisions of Bihar Prohibition and Excise Act, this anticipatory bail petition stands dismissed being not maintainable.

However, petitioner is directed to surrender before the

Patna High Court CR. MISC. No.86524 of 2019(2) dt.13-02-2020 2/2 court below within six weeks from today and if he does so and seeks regular bail, the concerned court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this order.

(Hemant Kumar Srivastava, J) shahzad/- U T