Naresh Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53027 of 2021 Arising Out of PS. Case No.-291 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== NARESH MUKHIYA SON OF GIRDHARI MUKHIYA R/O VILLAGEBHARVALIYA, BIN TOLI, P.S.- MUFFASIL, DIST.- EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== 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 Muffasil P.S. Case No. 291 of 2021 registered for the offence under Sections 341, 343, 323, 353, 504, 506/120(B) of the Indian Penal Code and under Sections 30 (a), 32, 41 (1), 45 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

Patna High Court CR. MISC. No.53027 of 2021(2) dt.17-12-2021 2/2 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) pravinkumar/- U T