Patna High CourtCR. MISC./2413/2021dismissed

Biru Kumar v. The State Of Bihar

2021-11-15Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2413 of 2021 Arising Out of PS. Case No.-322 Year-2020 Thana- BARH District- Patna ====================================================== BIRU KUMAR Son of Late Shrawan Ram @ Sharwan Ram, Resident of Village- Naya Tola, Akbarpur Road, Bichali, Malahi, P.S. Barh, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Kashyap, Adv.

For the Opposite Party/s :

Mr. Anaant Kumar I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-11-2021 Heard the parties.

The petitioner apprehends his arrest in connection with Special Case No. 5017/2020 arising out of Barh P.S. Case No.322/2020, registered for the offence punishable under Section 30 (A) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner seeks permission to withdraw this application.

Permission is granted.

In view of the fact that prima facie a 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.2413 of 2021(2) dt.15-11-2021 2/2

(2) P.L.J.R. 1089 (FB).

Accordingly, this application is disposed of as not maintainable.

If the petitioner surrenders and prays for regular bail before the Court below within a period of four weeks from today, the Court below will consider the same without being prejudiced by the fact that the anticipatory bail application of the petitioner has been withdrawn by this Court. The Court below shall also consider the fact that there is no recovery from the possession of the petitioner and only on suspicion he has been made accused in this case.

(Sandeep Kumar, J) amitkumar/- U T