Rahul Kumar @ Rahul Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12153 of 2022 Arising Out of PS. Case No.-448 Year-2021 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Rahul Kumar @ Rahul Kumar Sharma son of Tirpit Sharma ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== 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 Makhdumpur P.S. Case No. 448 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The petitioner and others were named in the self inculpatory statement of the co-accused who is the driver of the bus.

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

Patna High Court CR. MISC. No.12153 of 2022(2) dt.01-04-2022 2/2 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