Munna Kumar @ Swaraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15442 of 2022 Arising Out of PS. Case No.-453 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Munna Kumar @ Swaraj Kumar Son of Subodh Ray Resident of Village - Dadpur Chaknoor, P.s.- Samastipur (Muffasil), Distt.- Samastipur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Sinha, 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 Samastipur (Muffasil) P.S. Case No. 453/2021, registered for the offences under Sections 385, 387 of the Indian Penal Code read with Section 37(a), 137(d) of Bihar Prohibition and Excise Act.

The petitioner is alleged to be organizing liquor party and posting video of the liquor party and himself holding illegal arms. In this kind of offence petitioner does not deserve anticipatory bail.

Patna High Court CR. MISC. No.15442 of 2022(2) dt.08-04-2022 2/2 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.).

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

(Sandeep Kumar, J) siddharthkr/- U T