Barun Rai @ Barun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52556 of 2021 Arising Out of PS. Case No.-247 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== BARUN RAI @ BARUN KUMAR Son of Chandradev Rai Resident of Village- Chand Sarai, P.S.- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== 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 Jandaha Case No. 247 of 2020 registered for the offence under Section 414 of the Indian Penal Code and under Sections 30 (a), 38 (i) and 41 (i) of the Bihar Prohibition and Excise Act, 2018.

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.52556 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