Rajkumar Mahto @ Rajkumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86979 of 2019 Arising Out of PS. Case No.-233 Year-2019 Thana- SONBERSA District- Sitamarhi ====================================================== Rajkumar Mahto @ Rajkumar Son of Kishori Mahto Resident of Village - Madhesara, P.S.- Sonbarsa, District- Sitamarhi ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Kumar For the Opposite Party/s :
Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Sonbarsa P.S. Case No. 233 of 2019 registered for the offences punishable under Sections 272, 273, 414 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act, 2016. In huge quantity, Indian made foreign liquor was recovered from a truck. The driver of the aforesaid truck disclosed that seized liquor was to be delivered to Vijay, Sujay and Vinod and petitioner and Sujay had come to take the delivery but seeing the police party they fled away. Section 76(2) of Bihar Prohibition and Excise Act, 2016 prohibits to entertain the petition filed under Section 438
Patna High Court CR. MISC. No.86979 of 2019(2) dt.14-02-2020 2/2 of the Cr.P.C. for the offences registered under the provisions of Bihar Prohibition and Excise Act, 2016. Therefore, in my view, this petition is not maintainable. Accordingly, this anticipatory bail petition stands dismissed being not maintainable. However, it is made clear that if petitioner surrenders before the court below and seeks regular bail within six weeks from today, the same shall be considered on its own merit without being prejudiced by this order.
(Hemant Kumar Srivastava, J) shahzad/- U T