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Patna High CourtCR. MISC./26090/2021dismissed

Nirdhan Yadav @ Krishna Kumar Yadav v. The State Of Bihar

2021-12-03Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26090 of 2021 Arising Out of PS. Case No.-73 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== NIRDHAN YADAV @ KRISHNA KUMAR YADAV, S/o Banarsi Yadav, resident of village- Khar Diyara, P.S.- Sahebpur Kamal, District- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Singh For the Opposite Party/s :

Mr.A.G.

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

The petitioner apprehends his arrest in connection with Sahebpur Kamal P.S. Case No. 73 of 2019, G.R. No. 246 of 2019 registered for the offence under Sections 272, 273 of the Indian Penal Code and under Sections 30 (a), 32, 41, 37 (b) of the Bihar Prohibition and Excise Act, 2016.

In view of the fact that prima facie 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

Patna High Court CR. MISC. No.26090 of 2021(2) dt.03-12-2021 2/2

(2) P.L.J.R. 1089 (F.B.).

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

(Sandeep Kumar, J) pravinkumar/- U