Santosh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13495 of 2022 Arising Out of PS. Case No.-48 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- West Champaran ====================================================== SANTOSH SAH S/o Jiut Sah Resident of Bhsurari, Ward No. 15, P.S. - Shikarpur, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== 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 Excise Case No. 48/2021 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Recovery of liquor is from the shop of the petitioner and the explanation furnished by the petitioner cannot be accepted.

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.13495 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