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Patna High CourtCR. MISC./30850/2022bail rejected

Mohan Choudhary v. The State Of Bihar

2022-08-26Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30850 of 2022 Arising Out of PS. Case No.-137 Year-2022 Thana- PALASI District- Araria ====================================================== MOHAN CHOUDHARY Son of Late Ram Krishan Choudhary Resident of Village - Lawtoli Bangama, Ward No.- 07, P.S.- Palasi, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-08-2022 Heard learned counsel for the parties through video conferencing.

Petitioner apprehends his arrest in a case registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act.

In this case, there is recovery of about 17 liters of Nepali liquor from the house of this 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) P.L.J.R. 1089 (F.B.).

Accordingly, this anticipatory bail application is

Patna High Court CR. MISC. No.30850 of 2022(2) dt.26-08-2022 2/2 dismissed as not maintainable.

(Prabhat Kumar Singh, J) anay/- U T