Soshan Mukhia @ Soshindra Mukhia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42789 of 2021 Arising Out of PS. Case No.-34 Year-2021 Thana- SURSAND District- Sitamarhi ====================================================== 1.

SOSHAN MUKHIA @ SOSHINDRA MUKHIA Son of Kailash Mukhia Resident of Village - Choraut Uttari, P.S.- Choraut, Distt.- Sitamarhi. 2.

RAJESH MUKHIA SON OF KHAKHAN MUKHIA Resident of Village - Choraut , P.S.- Choraut, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== 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 Sursand P.S. Case No.34 of 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.42789 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) sanjeev/- U T