← Library
Patna High CourtCR. MISC./7707/2021dismissed

Somu Kumar Singh @ Shamresh Bahadur Singh v. The State Of Bihar

2021-11-26Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7707 of 2021 Arising Out of PS. Case No.-601 Year-2020 Thana- MASHRAK District- Saran ====================================================== Somu Kumar Singh @ Shamresh Bahadur Singh, aged about 23 years, Gender-Male, Son Of Suresh Bahadur Singh, R/o village- Chainpur, P.S.- Mashrakh, District- Saran at Chapra ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh, 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 petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This application for grant of anticipatory bail arises out of Mashrakh P.S. Case No. 601 of 2020 registered for the offence under Sections 30, 30(a), 38 and 41 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.).

Patna High Court CR. MISC. No.7707 of 2021(2) dt.26-11-2021 2/2 Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Sandeep Kumar, J) pawan/- U T