Akash Kumar @ Kari @ Moti Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4659 of 2022 Arising Out of PS. Case No.-562 Year-2021 Thana- PHULWARISHARIF District- Patna ====================================================== AKASH KUMAR @ KARI @ MOTI MAHTO S/o Moti Mahto Resident of - At present - Phulwarisharif, Uttri Sangat, P.S. - Phulwaisharif, District - Patna, Permanent Address - Mohalla - Kumhar Toli, P.S. - Phulwarisharif, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== 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 Phulwarisharif P.S. Case No. 562/2021 registered for the offence under Section 30(a)/36/41/51 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)

Patna High Court CR. MISC. No.4659 of 2022(2) dt.07-03-2022 2/2 P.L.J.R. 1089 (F.B.).

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

(Sandeep Kumar, J) Saif/- U T