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Patna High CourtCR. MISC./86753/2019dismissed

Rocky Kumar v. The State Of Bihar

2020-02-14Mr. Justice Hemant Kumar Srivastava1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86753 of 2019 Arising Out of PS. Case No.-285 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Rocky Kumar, male, aged about 20 years, S/o Rajesh Yadav Resident of Village- Gopi Bigha, P.S.- Magadh Medical, District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Manish Kumar No2 For the Opposite Party :

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

2. Petitioner apprehends his arrest in connection with Magadh Medical P. S. Case No.285 of 2019 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 and Sections 25(1-b)a and 26 of the Arms Act.

3. The present case has been lodged under the provisions of the Bihar Prohibition and Excise Act, 2016 as well as under the Arms Act and therefore, In my view, this petition under Section 438 of the Cr.P.C. is not maintainable.

4. Accordingly, his prayer for anticipatory bail stands dismissed being not maintainable.

(Hemant Kumar Srivastava, J) vikash U T