Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13501 of 2022 Arising Out of PS. Case No.-124 Year-2020 Thana- ATHMALGOLA District- Patna ====================================================== RAJESH KUMAR Son of Sidheshwar Rai Resident of Village- Sabnima Kabragahpar, P.S.- Athmalgola, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== 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 Athamalgola P.S. Case No. 124/2020 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The petitioner is found involved in the business of illicit liquor and the evidence during investigation supports the same.

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.13501 of 2022(2) dt.08-04-2022 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