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Patna High CourtCR. MISC./52363/2021dismissed

Subodh Kumar v. The State Of Bihar

2021-12-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52363 of 2021 Arising Out of PS. Case No.-197 Year-2020 Thana- AHIYAPUR District- Muzaffarpur ====================================================== SUBODH KUMAR Son of Bindeshwar Ray @ Vindeshwar Rai Resident of Village - Neerpur Patiyasa, P.S. - Ahiyapur, Dist. - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-12-2021 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 apprehends his arrest in connection with Ahiyapur P.S. Case No. 197 of 2020 registered for the offence under Sections 272, 273 of the Indian Penal Code and under Sections 30 (a), 36 of the Bihar Prohibition and Excise Act.

In view of the fact that prima facie 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

Patna High Court CR. MISC. No.52363 of 2021(2) dt.17-12-2021 2/2

(2) P.L.J.R. 1089 (F.B.).

Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Sandeep Kumar, J) pravinkumar/- U T