Shiv Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18520 of 2021 Arising Out of PS. Case No.-322 Year-2020 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.

SHIV KUMAR SAH SON OF LATE BIREN SAH RESIDENT OF VILLAGE- PATEDHA TOLA, KOTWA, POLICE STATIONMAHARAJGANJ, DISTRICT- SIWAN 2.

RAJ KUMAR SAH SON OF LATE BIREN SAH RESIDENT OF VILLAGE- PATEDHA TOLA, KOTWA, POLICE STATIONMAHARAJGANJ, DISTRICT- SIWAN ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.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 Maharajganj P.S. Case No. 322 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act and Section 272/273 of the Indian Penal Code. 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.18520 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) Saif/- U T