Surendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14894 of 2022 Arising Out of PS. Case No.-321 Year-2021 Thana- MANIYARI District- Muzaffarpur ====================================================== SURENDRA PASWAN S/o Jumai Paswan @ Ramshrest Paswan R/o villageBishunpur Giddha, P.S.- Maniyari, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== 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 Maniyari P.S. Case No. 321 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

Petitioner is one of the persons who has fled from the vehicle when the police intercepted them and from the vehicle huge quantity of 394.380 liters of illicit liquor has been recovered.

In view of the fact that prima facie a case under the Excise Act, is made out against the petitioner, this application

Patna High Court CR. MISC. No.14894 of 2022(2) dt.08-04-2022 2/2 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 (F.B.).

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

(Sandeep Kumar, J) Saif/- U T