Basanti Devi @ Pawni Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17323 of 2021 Arising Out of PS. Case No.-197 Year-2019 Thana- BARSOI District- Katihar ====================================================== Basanti Devi @ Pawni Devi, Female, aged about 45 years, wife of Jhote Lal Rishi, resident of Village - Ranga Matia, Dhachna, P.S.- Barsoi, DistrictKatihar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Md. Helal Ahmad, 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 Barsoi P.S. Case No. 197 of 2019 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act.

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.17323 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