Patna High Court - Orders
Gulab @ Md. Nur Ali @ Nur Aali vs The State Of Bihar on 22 August, 2019
Author: Chakradhari Sharan Singh
Bench: Chakradhari Sharan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52434 of 2019
Arising Out of PS. Case No.-135 Year-2019 Thana- JOKIHAT District- Araria
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GULAB @ MD. NUR ALI @ NUR AALI S/o Samsaad R/O Village- Kaakan,
Ward No. 09 P.S.- Jokihat, District- Araria.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr.Kundan Kumar Singh
For the Opposite Party/s : Mr.Ramesh Chandra
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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN
SINGH
ORAL ORDER
2 22-08-2019Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application for grant of anticipatory bail arises out of Jokihat P.S. Case No. 135 of 2019, disclosing offence under Sections 272 and 273/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016.
In view of the Full Bench decision of this Court in case of Ram Vinay Yadav Vs. The State of Bihar, reported in 2019(2) PLJR 1089 (F.B.), and the provisions under Section 76(2) of the Bihar Prohibition and Excise Act, 2016, this application for anticipatory bail cannot be maintained.
This application is accordingly dismissed as not maintainable.
However, the petitioner is directed to surrender before the Court below within four weeks from today and seek regular Patna High Court CR. MISC. No.52434 of 2019(2) dt.22-08-2019 2/2 bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.
(Chakradhari Sharan Singh, J) Pawan/-
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