Manish @ Manish Rai @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17605 of 2021 Arising Out of PS. Case No.-298 Year-2020 Thana- DARIYAPUR District- Saran ====================================================== 1.

Manish @ Manish Rai @ Manish Kumar, aged about 25 years, GenderMale, Son Of Surendra Rai, Resident Of Village- Ibrahimpur, P.S.- Dariyapur, District- Saran At Chapra 2.

Manoj Mahto, aged about 45 years, Gender-Male, Son Of Ram Pyare Mahto, Resident Of Village- Harpur, P.S.- Dariyapur, District- Saran At Chapra.

... ... Petitioners

Versus

The State of Bihar.

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

For the Petitioners :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

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 Dariyapur P.S. Case No. 298 of 2020 registered for the offence under Sections 272, 273, 120-B of the Indian Penal Cosde and under Sections 30(a) & 42(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

Patna High Court CR. MISC. No.17605 of 2021(2) dt.03-12-2021 2/2 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