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Patna High CourtCR. MISC./16482/2021dismissed

Mukesh Kumar v. The State Of Bihar

2021-12-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16482 of 2021 Arising Out of PS. Case No.-402 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== MUKESH KUMAR, ( Age- 36 years, Gender- Male), Son of Late Rajendra Chaudhary, Resident of Village - Harilganj, P.S. - Jehanabad, DistrictJehanabad. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-12-2021 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 Jehanabad P.S. Case No. 402 of 2020 (Excise Case No. 543 of 2020) registered for the offence under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018. 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) P.L.J.R. 1089 (F.B.).

Patna High Court CR. MISC. No.16482 of 2021(2) dt.03-12-2021 2/2 Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Sandeep Kumar, J) pawan/- U T