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Patna High CourtCR. MISC./18525/2022dismissed

Dinesh Kumar v. The State Of Bihar

2022-04-22Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18525 of 2022 Arising Out of PS. Case No.-34 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== DINESH KUMAR Son of Late Sagar Mahto Resident of Village - Chhoti Pahadi, P.O.- Badi Pahadi, P.s.- Agam Kuan, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-04-2022 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.

This application for grant of anticipatory bail arises out of Agamkuan P.S. P.R. No. I-34 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

The recovery of 109.950 litres of illicit liquor is from a room which has been found to be owned by the petitioner. 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.18525 of 2022(2) dt.22-04-2022 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.

(Sandeep Kumar, J) Saif/- U T