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Patna High CourtCR. MISC./32560/2021dismissed

Manoj Kumar v. The State Of Bihar

2021-12-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32560 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

MANOJ KUMAR Son of Jay Magan Yadav Residence of Village - Baluwa Leganiya, P.S.- Jitna, District - East Champaran at Motihari. 2.

Santosh Yadav @ Santosh Kumar Son of Ravindra Yadav Residence of Village - Baluwa Leganiya, P.S.- Jitna, District - East Champaran at Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-12-2021 Heard learned counsel for the parties.

Learned counsel for the petitioners 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 Ghorasahan (Jitna) P.S. Case No. 07/2021 registered for the offence 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 petitioners, this application for grant of anticipatory bail to the petitioners is not maintainable in view of Full Bench decision of this Court

Patna High Court CR. MISC. No.32560 of 2021(2) dt.10-12-2021 2/2 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