Kanchan Kumar @ Dinanath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38955 of 2021 Arising Out of PS. Case No.-668 Year-2020 Thana- AGAMKUAN District- Patna ====================================================== 1.

KANCHAN KUMAR @ DINANATH YADAV, aged about 45 years, Male. 2.

Munna Yadav, aged about 40 years, Male.

Both Sons of Mahesh Prasad, Resident of Kumhrar, Talabpar, P.S.- Agamkuan, District - Patna.

... ... Petitioners

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Harish Kumar, Advocate For the Opposite Party :

Mr. Satyadeo Singh Yadav, 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 Agamkuan P.S. Case No. 668 of 2020 registered for the offence under Sections 30(a)/36/41(i) 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 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.38955 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