This order dismisses an application for anticipatory bail under Section 438 CrPC held inapplicable due to the bar under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, directing the petitioner to surrender and seek regular bail.
Application for anticipatory bail dismissed. Petitioner directed to surrender and seek regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.76831 of 2018
Arising Out of PS. Case No.-85 Year-2018 Thana- GHOSI District- Jehanabad
======================================================
Mani Sao, Son of Birju Sao, Resident of Village- Pasvan, Police StationGhoshi, District- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Ghosi Police Station Case No. 85 of 2018, disclosing offence under Section 30(a) of Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as ‘the Act’).
Section 76 (2) of the Act, bars application of Section 438 of the Code of Criminal Procedure, 1973. Based on the allegation made in the First Information Report, a case under Section 30(a) of the Act is made out, in my opinion.
In that view of the matter, this application cannot be maintained and is, accordingly, dismissed.
However, the petitioner, Mani Sao, is directed to
Patna High Court Cr.Misc. No.76831 of 2018(2) dt.11-01-2019 2/2
surrender before the Court below within four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by dismissal of the present application for grant of anticipatory bail by this Court.
(Chakradhari Sharan Singh, J.)
ragini/-
U √ T √
1 issue framed by the court
Whether an application for anticipatory bail is maintainable in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 barred by Section 76(2) of the Act.
3 provisions across 2 enactments
Mani Sao
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
