Shankar Rai @ Shiv Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5433 of 2021 Arising Out of PS. Case No.-206 Year-2020 Thana- DIDARGANJ District- Patna ====================================================== Shankar Rai @ Shiv Shankar Rai, aged about 40 years, Male, son of Sri Munarik Ray, resident of Mohalla - Ward No.72, Jalla, P.S.- Deedarganj, District- Patna.

... ... Petitioner

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Raj Krishan Jha, Advocate For the Opposite Party :

Mr. Md. Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-11-2021 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Deedarganj P.S. Case No. 206 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.

(Sandeep Kumar, J) pawan/- U T