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Patna High CourtCR. MISC./13493/2022dismissed

Dharmnath Yadav @ Athaie Yadav v. The State Of Bihar

2022-04-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13493 of 2022 Arising Out of PS. Case No.-214 Year-2021 Thana- KOPA District- Saran ====================================================== DHARMNATH YADAV @ ATHAIE YADAV S/O DUDHNATH YADAV Resident of Kopa Chatti, P.S.- Kopa, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-04-2022 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.

This application for grant of anticipatory bail arises out of Kopa P.S. Case No. 214/2021 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The petitioner has criminal antecedent of similar nature.

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

Patna High Court CR. MISC. No.13493 of 2022(2) dt.08-04-2022 2/2 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