Mahesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24296 of 2021 Arising Out of PS. Case No.-183 Year-2020 Thana- HATHAURI District- Muzaffarpur ====================================================== 1.

Mahesh Sahani, Male, aged about 50 years, son of Raje Sahani. 2.

Sanjay Sahani, Male, aged about 30 years, son of Mahesh Sahani. Both are resident of Village- Pitaunjhia Jagarnath, P.S.- Hathauri, Dist.- Muzaffarpur.

... ... Petitioner

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Sunil Kumar Verma, Advocate For the Opposite Party :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-12-2021 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Hathauri P.S. Case No. 183 of 2020 registered for the offence under Sections 272, 273, 467, 468, 420, 120-B/34 of the Indian Penal Code and under Section 30(a), 35, 36, 38(i)(ii) of the Bihar Prohibition & Excise Act, 2016.

In view of the fact that prima facie a case under the Excise Act, is made out against the petitioners, this application for grant of anticipatory bail to the petitioners 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.24296 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