Chhotu Kumar @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24362 of 2021 Arising Out of PS. Case No.-95 Year-2020 Thana- JALALGARH District- Purnia ====================================================== Chhotu Kumar @ Amit Kumar, aged about 20 years, Gender-Male, Son Of Birendra Prasad Mandal, resident of Village - Bhathaili, Ward No.-02, P.S.- Jalalgarh, District- Purnia.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-12-2021 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 Jalalgarh P.S. Case No. 95 of 2020 registered for the offence under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016, under Section 21(a)/22(b) of the NDPS Act, under Section 27(b) of the Drugs Cosmetics Act and under Section 27 of the Arms Act.

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 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.).

Patna High Court CR. MISC. No.24362 of 2021(2) dt.03-12-2021 2/2 Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Sandeep Kumar, J) pawan/- U T