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Patna High CourtCR. MISC./22433/2021dismissed

Bhola Singh v. The State Of Bihar

2021-12-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22433 of 2021 Arising Out of PS. Case No.-135 Year-2020 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== BHOLA SINGH Son of Nagendra Singh Resident of Village - Kudiyan, P.s.- Pipra Kothi, Distt.- Motihari (East Champaran). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj 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 Vishambharpur P.S. Case No. 135 of 2020 registered for the offence under Section 30 (a), 41 (i) of the Bihar Prohibition and Excise Act, 2018.

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.22433 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