Harindra Rai @ Harendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16530 of 2021 Arising Out of PS. Case No.-123 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== HARINDRA RAI @ HARENDRA RAI (M), aged about 59 years, son ofLate Sita Ram Ray, Resident of Village - Madhubani, P.S.- Sahebganj, District - Muzaffarpur.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ramakant Yadav, Advocate For the Opposite Party :

Mr. Jharkhandi Upadhyay, 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 Sahebganj P.S. Case No. 123 of 2020 (G.R. No. 472 of 2020) registered for the offence under Sections 272 and 273 of the Indian Penal code and under Sections 30(a)(d), 33 and 41(i) 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) P.L.J.R. 1089 (F.B.).

Patna High Court CR. MISC. No.16530 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