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Patna High CourtCR. MISC./5964/2022dismissed

Prabha Devi v. The State Of Bihar

2022-03-07Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5964 of 2022 Arising Out of PS. Case No.-234 Year-2021 Thana- AGIAON BAZAR District- Bhojpur ====================================================== 1.

PRABHA DEVI W/o Birendra Paswan.

2.

Sonu Paswan S/o Birendra Paswan.

3.

Munna Paswan S/o Birendra Paswan.

All are Resident of Village- Agiaon Bazar, P.S.- Agiaon Bazar, District- Bhojpur.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== 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 Agiaon Bazar P.S. Case No. 234 of 2021 registered for the offence under Section 30(a) of the Bihar Excise Prohibition Act. In view of the fact that prima facie a case under the Excise Act, is made out against the petitioners, this application for grant of anticipatory bail to the petitioners 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.5964 of 2022(2) dt.07-03-2022 2/2 Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Sandeep Kumar, J) pawan/- U T