Yogeshwar Mahto @ Jageshwar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29408 of 2021 Arising Out of PS. Case No.-761 Year-2020 Thana- KUDHNI District- Muzaffarpur ====================================================== YOGESHWAR MAHTO @ JAGESHWAR MAHTO, aged about 45 years (Male), son of Late Mahendra Mahto, Resident of Village - Teliya, P.S.- Kudhani (O.P. Turki), Distt.- Muzaffarpur.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Raju Kumar, Advocate For the Opposite Party :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-12-2021 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 Kudhani (O.P. Turki) P.S. Case No. 761 of 2020 registered for the offence under Sections 414/34 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

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.).

Patna High Court CR. MISC. No.29408 of 2021(2) dt.10-12-2021 2/2 Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Sandeep Kumar, J) pawan/- U T