Sikandar Rai @ Sikandar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6696 of 2022 Arising Out of PS. Case No.-270 Year-2021 Thana- BARHARA District- Bhojpur ====================================================== SIKANDAR RAI @ SIKANDAR YADAV, Son of Dhaniram Yadav, Resident of Village- Shaligram Singh Ka Tola, P.S.- Barahara, District- Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dharmesh Kumar Shrivastava, Advocate For the Opposite Party :

Ms. Pushpa Sinha.1, 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.

The petitioner seeks anticipatory bail in connection with Excise Case No. 880 of 2021, arising out of Barhara P.S. Case No. 270 of 2021 registered for the offence under Section 30(a) and 36 of the Bihar Excise Prohibition (Amendment) Act, 2018.

Learned counsel for the petitioner submits that similarly situated co-accused has been granted anticipatory bail by a coordinate Bench of this Court in Criminal Miscellaneous No. 52458 of 2021 vide order dated 26.11.2021. In view of the fact that prima facie a case under the

Patna High Court CR. MISC. No.6696 of 2022(2) dt.07-03-2022 2/2 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.).

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

(Sandeep Kumar, J) pawan/- U T