Parmeshwar Prasad @ Chhote @ Prameshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29396 of 2021 Arising Out of PS. Case No.-25 Year-2021 Thana- BARHARIA District- Siwan ====================================================== Parmeshwar Prasad @ Chhote @ Prameshwar Prasad, aged about 36 years, Male, son of Baliram Prasad @ Julum, resident of Village - Sundari, P.S. Barharia, District - Siwan.

... ... Petitioner

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Satyendra Rai, Advocate For the Opposite Party :

Mr. Jharkhandi Upadhyay, 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 Barharia P.S. Case No. 25 of 2021 registered for the offence under Sections 272, 273/34 of the Indian Penal Code and under Sections 30(a), 41(1) 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.29396 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