Arjun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10845 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== Suraj Chaudhary S/O Krishna Chaudhary R/o Village- Old Town, P.S.- Daudnagar, Distt.- Aurangabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 11132 of 2022 Arising Out of PS. Case No.-33 Year-2022 Thana- DAUDNAGAR District- Aurangabad ====================================================== Arjun Kumar Son of Shiv Pujan Chaudhary Resident of Village- Old Town Chok, P.S.- Daudnagar, District- Aurangabad.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 10845 of 2022) For the Petitioner :

Mr.Amit Anand, Advocate For the Opposite Party :

Ms.Pronoti Singh, APP (In CRIMINAL MISCELLANEOUS No. 11132 of 2022) For the Petitioner :

Mr.Amit Anand, Advocate For the Opposite Party :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-04-2022 Learned counsel for the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The matter is being heard through video conferencing due to circumstances prevailing on account of Covid-19 pandemic.

Patna High Court CR. MISC. No.10845 of 2022(2) dt.01-04-2022 2/2 Since both these applications arise out of Daudnagar P.S. Case No. 33 of 2022, they have been heard together and are being disposed of by this common order.

The petitioners of both these applications apprehend their arrest in connection with Daudnagar P.S. Case No.33 of 2022 registered for the offence under Sections 30(a)(d) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Petitioners have been named in the self-inculpatory confessional statement of the co-accused, who was arrested on the spot.

In view of the allegations levelled against the petitioners, both these applications are not maintainable in view of the judgment 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, they are dismissed as not maintainable.

(Sandeep Kumar, J) BT/- U T