Vishwakarma Rai @ Vishwakarma Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17336 of 2021 Arising Out of PS. Case No.-456 Year-2020 Thana- RIVILGANJ District- Saran ====================================================== 1.

VISHWAKARMA RAI @ VISHWAKARMA YADAV, Male.

2.

AWADHESH RAI @ AWADHESH YADAV, Male.

Both sons of Kamla Rai, resident of Village- Roopganj, P.S.- Town Chhapra, District- Saran at Chhapra.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Yashraj Bardhan, 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 petitioners 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 Revilganj P.S. Case No. 456 of 2020 registered for the offence under Sections 30(a) 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 petitioners, this application for grant of anticipatory bail to the petitioners is not maintainable in view of Full Bench decision of this Court

Patna High Court CR. MISC. No.17336 of 2021(2) dt.03-12-2021 2/2 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