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Patna High CourtCR. MISC./15431/2022dismissed

Samod Mandal v. The State Of Bihar

2022-04-08Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15431 of 2022 Arising Out of PS. Case No.-60 Year-2022 Thana- ARARIA District- Araria ====================================================== Samod Mandal Son Of Rajendra Mandal Resident Of Village- Hirdaipur, Ward No. 05, P.S.- Araria (R.S.), Dist.- Araria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP.

====================================================== 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.

The petitioner seeks anticipatory bail in connection with Araria (R.S) P.S. Case No. 60/2022, registered for the offences under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act 2018.

The petitioner has criminal antecedent of similar nature.

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

Patna High Court CR. MISC. No.15431 of 2022(2) dt.08-04-2022 2/2 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) siddharthkr/- U T