Amit Kumar @ Amit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6728 of 2021 Arising Out of PS. Case No.-45 Year-2020 Thana- NTPC District- Patna ====================================================== 1.

AMIT KUMAR @ AMIT SINGH, aged about 28 years (Male), Son of Late Rajnandan Singh @ Rajan Singh.

2.

Sujeet Kumar @ Sujeet Singh, aged about 30 years (Male), Son of Late Rajnandan Singh @ Rajan Singh, both resident of Village - Sahnaura, P.S.- NTPC, District - Patna.

... ... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-11-2021 Heard learned counsel for the parties.

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.

Learned counsel for the petitioners seeks permission to withdraw this bail application on behalf of the petitioner no.1 namely, Amit Kumar @ Amit Singh, as he has been arrested.

Accordingly, this bail application is dismissed as withdrawn as against petitioner no.1.

This application for grant of anticipatory bail arises out of Special Excise Case No. 5597 of 2020, arising out of

Patna High Court CR. MISC. No.6728 of 2021(2) dt.26-11-2021 2/2 NTPC P.S. Case No.45 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act.

In view of the fact that prima facie a case under the Excise Act, is made out against the petitioner no.2, this application for grant of anticipatory bail to the petitioner no.2 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