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Patna High CourtCR. MISC./48041/2023bail rejected

Full Kumari Devi v. The State Of Bihar

2023-08-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48041 of 2023 Arising Out of PS. Case No.-284 Year-2023 Thana- DHAKA District- East Champaran ====================================================== FULL KUMARI DEVI WIFE OF DARSHAN MAHATO @ DARSHAN CHAUDHARY RESIDENT OF VILLAGE - KUSHMAHWA, BAREVA, POLICE STATION - DHAKA, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends her arrest in a case registered for the offence punishable under Section 30 (a), 41(i) of the Bihar Prohibition & Excise Act.

3. As per prosecution case, 19.8 liters of Nepali liquor has been recovered from the house of this petitioner.

4. 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.).

5. Accordingly, this anticipatory bail application is

Patna High Court CR. MISC. No.48041 of 2023(2) dt.22-08-2023 2/2 dismissed as not maintainable.

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