Paras Prasad @ Paras Nath Pd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86498 of 2019 Arising Out of PS. Case No.-335 Year-2019 Thana- MANJHI District- Saran ====================================================== 1.

Paras Prasad @ Paras Nath Pd., aged about 37 years, male, S/o Daroga Prasad, Resident of Village- Cheful, P.S.- Manjhi, Distt- Saran 2.

Janglee Prasad @ Jangli Prasad, aged about 38 years, male, S/o Darbari Prasad Resident of Village- Cheful, P.S.- Manjhi, Distt- Saran ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Harish Kumar For the Opposite Party :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-02-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor for the State.

2. Petitioners apprehend their arrest in connection with Manjhi P. S. Case No.335 of 2019 registered under Sections 30, 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Since Section 76(2) of the Bihar Prohibition and Excise Act, 2016 prohibits to entertain petition filed under Section 438 of the Cr.P.C., this petition stands dismissed being not maintainable.

4. However, petitioners are directed to surrender before the Court below within six weeks and if they do so, and

Patna High Court CR. MISC. No.86498 of 2019(2) dt.14-02-2020 2/2 seek regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Hemant Kumar Srivastava, J) vikash U T