Patna High CourtCR. MISC./21927/2021disposal with observation

Chandra Prakash @ Chandu Ram v. The State Of Bihar

2021-12-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21927 of 2021 Arising Out of PS. Case No.-427 Year-2017 Thana- PATLIPUTRA District- Patna ====================================================== CHANDRA PRAKASH @ CHANDU RAM Son of Prahalad Ram Resident of village - Mokhab Kalan, Police Station - Seev District - Barmer (Rajasthan), PIn- 344001.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-12-2021 Heard learned counsel for the petitioner and Sri Jharkhandi Upadhyay, learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Special Case No. 8961 of 2017, arising out of Patliputra P.S. Case No. 427 of 2017 registered for the offence punishable under Sections 419, 420, 467, 468, 471 and 120 (B) of the Indian Penal Code and Sections 30 (i), 38 (1) (2) and 41 (1) of the Bihar Prohibition and Excise Act, 2016.

The petitioner is a resident of Barmer (Rajasthan) and huge quantity of illicit liquor was recovered from the vehicle of the petitioner. The name of the petitioner has come up on the confessional statement of co-accused Manga Ram. He has stated that the petitioner is the owner of the liquor, which was

Patna High Court CR. MISC. No.21927 of 2021(2) dt.03-12-2021 2/2 recovered. He has altogether 7 cases of Excise and N.D.P.S. Act. 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 (2) P.L.J.R. 1089 (Full Bench).

Accordingly, this anticipatory bail application is dismissed as not maintainable.

List this case along with Cr. Misc. No. 10518 of 2021 and other analogous cases on 15.12.2021 at 2:15 P.M. (Sandeep Kumar, J) pravinkumar/- U