Anup Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4148 of 2020 Arising Out of PS. Case No.-453 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== ANUP YADAV, Male, age 25 years, Son of Shivnandan Yadav @ Sipan Yadav, Resident of Village- Matgoda Tolla Ambatari, P.S.- Mohanpur, DisttGaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anil Kumar, Advocate For the Opposite Party :

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Barachati (Mohanpur) P.S. Case No. 453 of 2019 for the offence registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution story, in brief, is that total 300 kg. Mahua Flower is said to have been recovered from the house of the petitioner.

Learned counsel for the petitioner was asked to distinguish his case in light of the order passed in the case of Ram Vinay Yadav Vs. The State of Bihar but he has not apprised this Court as to how the case of Ram Vinay Yadav is not

Patna High Court CR. MISC. No.4148 of 2020(7) dt.23-12-2021 2/2 applicable to the petitioner's case.

Accordingly, the present anticipatory bail application is dismissed as it is not maintainable in the light of the order referred above.

If the petitioner surrenders in the learned court blow and prays for regular bail the same shall be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

(Sudhir Singh, J) U.K./- U T