Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9698 of 2022 Arising Out of PS. Case No.-94 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Kanhaiya Kumar Son Of Late Mithlesh Rajak R/O Village- Harpur Alloth, Ward No.11, P.S.- Musrigharari, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate.

For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara,APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-03-2022 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.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner prays for grant of anticipatory bail in connection with Excise Case No. 94 of 2021 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Though the recovery is of small amount of liquor but the same has been recovered from the house of the petitioner. In view of the allegations levelled against the petitioner, this anticipatory bail application is not maintainable

Patna High Court CR. MISC. No.9698 of 2022(2) dt.25-03-2022 2/2 in view of the judgement of the Full Bench of this Court in the case of Ram Binay Yadav Vs. The State of Bihar reported in [2019 (2) PLJR 1089 (Full Bench)].

Accordingly, it is dismissed as not maintainable. (Sandeep Kumar, J) shakir/- U T