Vijendra @ Bijendra @ Gope Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40409 of 2021 Arising Out of PS. Case No.-503 Year-2020 Thana- DANAPUR District- Patna ====================================================== VIJENDRA @ BIJENDRA @ GOPE JEE S/o Late Ram Lakshan Ray @ Ram Lakhan Ray, Resident of Village- Trimurti Nagar, Sultanpur, P.S.- Danapur, District- Patna.

... ... Petitioner

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Satish Chandra, Advocate For the Opposite Party :

Mr. Mritunjay Kumar Nirala, 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.

The petitioner seeks anticipatory bail in connection with Special Case No. 5136 of 2020, arising out of Danapur P.S. Case No. 503 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act. 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.40409 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