Sumit Kumar @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3464 of 2022 Arising Out of PS. Case No.-593 Year-2021 Thana- ALAMGANJ District- Patna ====================================================== SUMIT KUMAR @ GUDDU, Son of Late Satish Mahto Resident of Village - Jamuni Ray Ka Kuan, P.S.- Khajekalan, Distt.- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nityanand Kumar, Advocate For the Opposite Party :

Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-02-2022 Heard learned counsel for the parties.

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.

This application for grant of anticipatory bail arises out of Alamganj P.S. Case No. 593 of 2021 (Special Case No. 5527 of 2021) registered for the offence under Section 414 of the Indian Penal Code and under Sections 30(a), 30(C) of the Bihar Prohibition & Excise Act.

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.).

Patna High Court CR. MISC. No.3464 of 2022(2) dt.21-02-2022 2/2 Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Sandeep Kumar, J) pawan/- U T