Umesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86537 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Umesh Sah Son of Awadh Sah Resident of Village - Kasimpur Ward No.-4, P.S.- Mufassil (Lakho O.P.), District - Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Adv.

For the Opposite Party/s :

M/s. Asha Devi, A.P.P.

====================================================== 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 Excise Case No. 129C2/19 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016. Since the recovery is said to be 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 trial court within six weeks from today and if he does so and seeks regular bail, the concerned court shall consider the regular

Patna High Court CR. MISC. No.86537 of 2019(2) dt.13-02-2020 2/2 bail application of the petitioner on its own merit without being prejudiced by this order.

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