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Patna High CourtCR. MISC./2806/2022dismissed

Vanti v. The State Of Bihar

2022-04-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2806 of 2022 Arising Out of PS. Case No.-703 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== VANTI SON OF JALALUDDIN R/O - UDAYPUR GANESH KHERA, P.S.- FARIDPUR, DISTRICT- BARELY, UTTAR PRADESH ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

THE ENFORCEMENT DIRECTORATE THROUGH JOINT DIRECTOR, PATNA BIHAR 3.

THE DIRECTOR GENERAL OF INCOME TAX (INVESTIGATION) PTNA, BIHAR, BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Mr.Arvind Kr. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-04-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of anticipatory bail in Farbisganj (simraha) P.S. Case No. 703 of 2020 registered for the offence punishable under Sections 30(a)/38(I) of the Bihar Prohibition and Excise Act.

There is a huge recovery of illicit liquor and the petitioner is named in the self inculpatory confessional statement of the co-accused.

Patna High Court CR. MISC. No.2806 of 2022(4) dt.04-04-2022 2/2 In view of the fact that prima facie a case under the Excise Act, is made out against the petitioner, this application for grant of anticipatory bail to the petitioner is not maintainable in view of 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.).

Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Sandeep Kumar, J) Saif/- U T