Balram @ Balram Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5256 of 2022 Arising Out of PS. Case No.-120 Year-2021 Thana- GAMAHARIYA District- Madhepura ====================================================== BALRAM @ BALRAM PASWAN SON OF SRI HARIDEV PASWAN @ HARDEV PASWAN RESIDENT OF VILLAGE AND P.O. MUKNA P.S. BIHRA DISTRICT- SAHARSA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Prasad Singh For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== 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 Gamharia Case No. 120/2021 registered for the offence under Section 30(a)/41(i) of the Bihar Prohibition and Excise Act and Section 420/120(B) of the Indian Penal Code. 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.5256 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