Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45888 of 2022 Arising Out of PS. Case No.-180 Year-2022 Thana- PATORI District- Samastipur ====================================================== 1.

Kundan Kumar Son Of Ram Bilok Ray @ Uni Jee R/O Village- Mohanpur, P.S.- Shahpur Patory, Mohanpur (O.P.), District- Samastipur 2.

Chandan Kumar Son Of Ram Bilok Ray @ Muni Jee R/O VillageMohanpur, P.S.- Shahpur Patory, Mohanpur (O.P.), District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lakshmindra Kumar Yadav For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2022 Heard learned counsel for the petitioners and the State through video conferencing.

The petitioners apprehend their arrest in connection with Patori (Mohanpur OP) PS Case No. 180 of 2022, registered for the offence punishable under sections 272, 273/34 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act.

127 litres of illicit liquor was recovered from the house of petitioner.

In view of the fact that prima facie a case under the Excise Act, is made out against the petitioners, this application for grant of anticipatory bail is not maintainable in view of the Full Bench decision of this Court in the case of Ram Vinay Yadav Vs. The State of Bihar reported in 2019(2) PLJR 1089.

Patna High Court CR. MISC. No.45888 of 2022(2) dt.21-10-2022 2/2 Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Prabhat Kumar Singh, J) vinita/- U T