Amresh Ray @ Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43987 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== AMRESH RAY @ AMRESH KUMAR Son of Suresh Ray Resident of Village-Didarganj, Infront of Petrol Pump Gali, P.S.-Didarganj, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiva Ranjan, Adv.

For the Opposite Party/s :

Mr.Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 21-08-2019 Heard learned counsel for the petitioner as well as learned APP.

Having been specially assigned by Hon'ble the Chief Justice, the matter has been listed before this Bench in pursuance of order dated 07.08.2019.

Petitioner has asked for grant of an anticipatory bail relating to Special Case No. 4588/2019 registered under Section 30(a), 32(3) of Bihar Prohibition and Excise Act, 2018. Gone through the order impugned. The Full Bench in Cr. Appeal No. 431/2019 along with other appeals vide judgment dated 17.05.2019, has observed that first of all, one has to consider whether the allegation so propounded attracts applicability of Excise Act or not and then thereafter, the matter

Patna High Court CR. MISC. No.43987 of 2019(4) dt.21-08-2019 2/2 has to be decided. From the order impugned, it is evident that learned lower court has failed on that very score. Consequent thereupon, the matter is remitted back to the learned lower court to consider in light of direction having been given under the Full Bench decision. In terms thereof, the instant petition stands disposed of.

(Aditya Kumar Trivedi, J) perwez U T