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Patna High CourtCR. MISC./50795/2023bail rejected

Basant Singh @ Basant Kumar Singh v. The State Of Bihar

2023-08-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50795 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- TARIYANI CHAPRA PS DistrictSheohar ====================================================== 1.

Basant Singh @ Basant Kumar Singh Son Of Late Bijli Singh R/O-Tariyani Chhapra, P.S.-Tariyani Chhapra, Distt.-Sheohar 2.

Gopal Kumar Son Of Basant Kumar Singh @ Basant Singh R/O-Tariyani Chhapra, P.S.-Tariyani Chhapra, Distt.-Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-08-2023 Heard learned counsel for the petitioners and the State.

2. The petitioners apprehend their arrest in connection with Tariyani Chhapra PS Case No. 50 of 2023, registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 346.05 litres of foreign liquor has been recovered from thatched house of petitioners.

4. 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

Patna High Court CR. MISC. No.50795 of 2023(3) dt.24-08-2023 2/2 Yadav Vs. The State of Bihar reported in 2019(2) PLJR 1089.

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

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