Mithilesh Rai @ Sadhu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3981 of 2022 Arising Out of PS. Case No.-554 Year-2021 Thana- MADHAURAH District- Saran ====================================================== MITHILESH RAI @ SADHU S/o Lakshman Rai Resident of Village- Pojhi Bhualpur, P.S.- Marhowrah, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the E.D.

:

Mr. (Dr.) K.N. Singh Mr. Manoj Kumar Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-04-2022 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 Marhowrah P.S. Case No. 554/2021 registered for the offence under Section 30(a)/41(i) of the Bihar Prohibition & Excise Act, 2016.

It is a case of huge recovery of illicit liquor. It seems that the petitioner is a member of liquor syndicate. Petitioner has been named in the self inculpatory statement of the coaccused. In view of the fact that prima facie a case under the Excise Act, is made out against the petitioner, this application

Patna High Court CR. MISC. No.3981 of 2022(4) dt.04-04-2022 2/2 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