Fulwanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4689 of 2022 Arising Out of PS. Case No.-900 Year-2021 Thana- FORBESGANJ District- Araria ====================================================== FULWANTI DEVI WIFE OF DOMI MANDAL R/O VILLAGE- BELAY POTHIYA, WARD NO.11, P.S.- SIMRAHA, DISTRICT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-03-2022 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 Forbesganj (Simraha) P.S. Case No. 900/2021 registered for the offence under Section 30(A)/38(I) of the Bihar Prohibition & Excise Act, 2016.

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.4689 of 2022(2) dt.07-03-2022 2/2 Accordingly, this anticipatory bail application is dismissed as not maintainable.

The court below is directed to consider the regular bail of the petitioner without being prejudiced by the fact that her anticipatory bail application has been dismissed by this Court.

(Sandeep Kumar, J) Saif/- U T