Dilip Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12140 of 2021 Arising Out of PS. Case No.-424 Year-2020 Thana- ATRI District- Gaya ====================================================== 1.

Dilip Choudhary Son of Late Rajkumar Chaudhari Resident of Village - Gehuni, P.S.- Atri, District - Gaya.

2.

Umesh Choudhary Son of Jaglal Chaudhary Resident of Village - Gehuni, P.S.- Atri, District - Gaya.

3.

Munni Choudhary Son of Arjun Chaudhary Resident of Village - Gehuni, P.S.- Atri, District - Gaya.

4.

Mukesh Choudhary Son of Muni Chaudhary Resident of Village - Gehuni, P.S.- Atri, District - Gaya.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, 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 Arti P.S. Case No. 424 of 2020 registered for the offence under section 30(a) (d) of Bihar Prohibition and Excise (Amendment) Act, 2018.

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

Patna High Court CR. MISC. No.12140 of 2021(2) dt.26-11-2021 2/2 reported in 2019(2) P.L.J.R. 1089 (F.B.).

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