Shubham Shourya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10401 of 2022 Arising Out of PS. Case No.-391 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SHUBHAM SHOURYA SON OF RAMANUJ PRASAD SINGH R/O VILLAGE -BADALPURA, P.S.- MATIHANI, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shri Prakash Tiwari For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-04-2022 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 the State. The petitioner prays for grant of anticipatory bail in Muffasil (Lakho O.P.) P.S. Case No. 391/2021 registered for the offence punishable under Sections 30(a)42(1) of the Bihar Prohibition and Excise Act and Section 120(b) of the Indian Penal Code.

The petitioner has three similar antecedents and a huge quantity of 851.625 litres of illicit liquor has been recovered. The petitioner was seen fleeing from the place of occurrence.

Patna High Court CR. MISC. No.10401 of 2022(2) dt.08-04-2022 2/2 In view of the fact that prima facie a 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(2) P.L.J.R. 1089 (F.B.).

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

(Sandeep Kumar, J) Saif/- U T