Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8110 of 2021 Arising Out of PS. Case No.-16 Year-2020 Thana- MATIHANI District- Begusarai ====================================================== Gulshan Kumar Son of Navin Kunwar Resident of Village - Bakhadda, P.S.- Matihani, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhushan Poddar, 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.

This application for grant of anticipatory bail arises out of Matihani P.S. Case No. 16 of 2020 registered for the offence under section 120B and 30(a) 32 of Bihar Prohibition and Excise Amendment Act, 2018.

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 the 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) Ravi/- U T