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Patna High CourtCR. MISC./21853/2022dismissed

Umesh Ray @ Umesh Kumar Singh v. The State Of Bihar

2022-05-06Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21853 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- DIGHA District- Patna ====================================================== UMESH RAY @ UMESH KUMAR SINGH S/o Chandra Deo Ray Resident of Village- Basanti Devi Asthan, P.S.- Digha, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rananjay Kumar For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-05-2022 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.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of anticipatory bail in Digha P.S. Case No. 61/2022 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Recovery is from the house of 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 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)

Patna High Court CR. MISC. No.21853 of 2022(2) dt.06-05-2022 2/2 P.L.J.R. 1089 (F.B.).

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

(Sandeep Kumar, J) Saif/- U T