Bihari Musahr v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62061 of 2021 Arising Out of PS. Case No.-339 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== 1.

BIHARI MUSAHR, aged about 30 years, Male, Son of Bigali Musahr. 2.

Basawan Musahr, aged about 27 years, Male, Son of Nagdeo Musahr. 3.

Binod Musahr, aged about 26 years, Male, son of Agahnu Musahr. All are Resident of Village - Bampali, P.S.- Udwant Nagar, Distt.- Bhojpur.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-12-2021 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.

The petitioners seek anticipatory bail in connection with Udwant Nagar P.S. Case No. 339 of 2021 registered for the offence under Section 30(a) 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 petitioners, this application for grant of anticipatory bail to the petitioners is not maintainable in view of Full Bench decision of this Court

Patna High Court CR. MISC. No.62061 of 2021(2) dt.17-12-2021 2/2 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