Kamleshwari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12139 of 2021 Arising Out of PS. Case No.-42 Year-2020 Thana- BHARGAMA District- Araria ====================================================== 1.

Kamleshwari Yadav Son of Rami Yadav Resident of Village- Khajuri, P.S.- Bhargama, District- Araria.

2.

Devesh Kumar Son of Kashi Prasad Yadav Resident of VillageParmanandpur, P.S.- Raniganj, District- Araria. ... ... Petitioners

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-11-2021 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Bhargama P.S. Case No. 42 of 2020 corresponding to Special Case No. 367 of 2020 registered for the offence under sections 188, 272, 273, 269, 270/34 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016. In view of the fact that prima facie a case under the Excise Act is made out against the petitioners, this application for grant of anticipatory bail to the petitioners is not maintainable in view of the Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).

Patna High Court CR. MISC. No.12139 of 2021(2) dt.26-11-2021 2/2 Accordingly, this anticipatory bail application is dismissed as not maintainable.

Learned counsel or the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

(Sandeep Kumar, J) Ravi/- U T