Santosh Choudhary @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55646 of 2023 Arising Out of PS. Case No.-103 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== SANTOSH CHOUDHARY @ SANTOSH KUMAR son of Late Laxman Choudhary Village- Andauli Ward no-8, Ps- Kishanpur Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhim Kumar Yadav For the Opposite Party/s :

Mrs.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per FIR, 378 liter of Nepali liquor has been recovered from the house of this petitioner.

4. 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.).

5. Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Prabhat Kumar Singh, J) BKS/- U T