Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20746 of 2021 Arising Out of PS. Case No.-103 Year-2020 Thana- KADIRGANJ District- Patna ====================================================== UPENDRA YADAV Son of Late Ashok Yadav Resident of Village - Badhanpura Tolapar, P.S.- Kadirganj, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== 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.

The petitioner apprehends his arrest in connection with Special Case No. 7190 of 2020, arising out of Kadirganj P.S. Case No. 103 of 2020 registered for the offence under Section 30 (a) (c ) (d) of the Bihar Prohibition and Excise Act, 2016.

In view of the fact that prima facie 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

Patna High Court CR. MISC. No.20746 of 2021(2) dt.03-12-2021 2/2

(2) P.L.J.R. 1089 (F.B.).

Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Sandeep Kumar, J) pravinkumar/- U