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Patna High CourtCR. MISC./56538/2021dismissed

Vishal @ Vishal Kumar v. The State Of Bihar

2021-12-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56538 of 2021 Arising Out of PS. Case No.-703 Year-2020 Thana- FORBESGANJ District- Araria ====================================================== VISHAL @ VISHAL KUMAR Son of Late Nathulal @ Nathoo Lal Resident of Village - Dhakni Rajpuri, P.s.- Faridpur, Distt.- Bareily (U.P.) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== 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, it any, within a period of four weeks from today.

This application for grant of anticipatory bail arises out of Forbisganj (Simraha) P.S. Case No. 703 of 2020, registered for the offence under sections 30(a), 38(1) of the Bihar Prohibition & Excise Act, 2016.

In view of the fact that prima facie a case under the Excise Act, is made out against this 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(2) P.L.J.R. 1089 (F.B.)

Patna High Court CR. MISC. No.56538 of 2021(2) dt.17-12-2021 2/2 Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Sandeep Kumar, J) Ranjeet/- U T