Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2529 of 2021 Arising Out of PS. Case No.-88 Year-2020 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== SURESH YADAV, aged about 55 years, Son of Shivpujan Yadav, Resident of Village - Rampur Madhav, P.S.- Kuchaikot, Distt.- Gopalganj. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Harendra Prasad, Advocate For the Opposite Party/s :

Mr. A.M.P. Mehtra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-11-2021 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Bishambharpur P.S. Case No. 88 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act.

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(2) P.L.J.R. 1089 (F.B.).

Accordingly, this anticipatory bail application is dismissed as not maintainable.

Patna High Court CR. MISC. No.2529 of 2021(2) dt.16-11-2021 2/2 However, if the petitioner surrenders before the Court below within four weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order on its merits without being influenced by the order of this Court. It is further observed that the Court below shall also consider the fact that the petitioner was not found travelling on the motorcycle.

(Sandeep Kumar, J) pawan/- U T