Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60142 of 2021 Arising Out of PS. Case No.-55 Year-2021 Thana- PAHARPUR District- East Champaran ====================================================== 1.

Bipin Yadav S/O Deo Sundar Yadav, resident of Village - Panditpur, P.SPaharpur, District-East Champaran. 2.

Chandan Paswan @ Chandan Ram, S/O Jhagru Ram R/O Village-Panditpur Ward No.12, P.S-Paharpur, District-East Champaran. 3.

Sabbir Mian @ Sabir Mian, S/O Hasanjan Mian, resident of VillageRaghunathpur, P.S-Paharpur, District-East Champaran. 4.

Ravindra Kumar Pandey S/O Brij Kishore Pandey R/O Ward No.9 VillageRaghunathpur, P.S-Paharpur, District-East Champaran. ... ... Petitioners

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Anil Kumar, Advocate For the Opposite Party :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-12-2021 Heard Mr. Rishi Raj Sinha, learned counsel for the Income Tax Department, Mr. K.N. Singh, learned Senior Counsel assisted by Mr. Manoj Kumar Singh, learned counsel for the Enforcement Directorate and Mr. Ajay, learned counsel for the State.

Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioners seek anticipatory bail in connection with Paharpur P.S. Case No. 55 of 2021 registered for the offence under Sections 30(a)/32/33/34/36/41(i) of the Bihar Prohibition & Excise Act.

Patna High Court CR. MISC. No.60142 of 2021(3) dt.20-12-2021 2/2 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 to the petitioners 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.

In this case, huge quantity of liquor has been recovered and as per the direction of this Court, the State authorities were required to act in this matter. Considering the fact that now, the State authorities are acting in this matter, there is no need to keep this matter pending.

(Sandeep Kumar, J) pawan/- U T