Ajay Baitha @ Ajay Kumar Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52574 of 2021 Arising Out of PS. Case No.-229 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== AJAY BAITHA @ AJAY KUMAR BAITHA Son of Nand Kishore Baitha @ Kishore Baitha Resident of Village - Basdila Murgiya Tola, P.O.- Gopalganj, P.S.- Gopalganj Nagar, District - Gopalganj, Pin Code - 841428 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar For the State :

Mr.Mukeshwar Dayal, ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-12-2021 Heard learned counsel for the petitioner and Sri Mukeshwar Dayal, learned counsel for the State. 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 Gopalganj Nagar P.S. Case No. 229 of 2021 registered for the offence under Section 30 (a), 41(i) of the Bihar Prohibition and Excise Act, 2016.

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.52574 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