Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25378 of 2021 Arising Out of PS. Case No.-96 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== PAPPU KUMAR Son of Rampukar Rai Resident of Village - Govindpur, P.S.- Saraiya (Jaitpur O.P.), Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.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 Saraiya (Jaitpur O.P.) P.S. Case No. 96/20 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act and Section 272/273/34 of the Indian Penal Code. There has been a huge recovery of liquor i.e. more than 4347 litres and the petitioner's complicity has been found in this case.

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

Patna High Court CR. MISC. No.25378 of 2021(2) dt.03-12-2021 2/2 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.

Put up this along with Cr. Misc. No. 10518 of 2021 and other analogous cases on 15.12.2021 at 02.15 p.m. for further direction.

(Sandeep Kumar, J) Saif/- U T