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Patna High CourtCR. MISC./12152/2022dismissed

Santosh Yadav v. The State Of Bihar

2022-04-01Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12152 of 2022 Arising Out of PS. Case No.-196 Year-2021 Thana- ROSHANGANJ District- Gaya ====================================================== SANTOSH YADAV S/o Deoki Yadav Resident of Village- Parsawan Khurd, Tola Mishirichak, P.S.- Raushanganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-04-2022 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 Roushanganj P.S. Case No. 196/2021 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The petitioner was identified by the police and the recovery is from the house of the petitioner. 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.12152 of 2022(2) dt.01-04-2022 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