Rajeshwar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9143 of 2022 Arising Out of PS. Case No.-136 Year-2021 Thana- KHARIK District- Bhagalpur ====================================================== Rajeshwar Pandey Son Of Late Amar Pandey Resident Of VillageMahammada, P.S.- Piprakothi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate.

For the Opposite Party/s :

Ms. Sucheta Yadav, 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 Kharik P. S. Case No. 136 of 2021 registered for the offence punishable under Sections 30(a), 38(i) of the Bihar Prohibition and Excise Act.

The recovery is of 10720 litres and the petitioner has been named in the self inculpatory statement of the driver. In view of the allegations levelled against the petitioner, this anticipatory bail application is not maintainable in view of the judgement of the Full Bench of this Court in the

Patna High Court CR. MISC. No.9143 of 2022(2) dt.25-03-2022 2/2 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