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Patna High CourtCR. MISC./10845/2021dismissed

Deepak Kumar @ Deepak Kumar Yadav v. The State Of Bihar

2021-11-26Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10845 of 2021 Arising Out of PS. Case No.-386 Year-2020 Thana- PARBATTA District- Khagaria ====================================================== 1.

Deepak Kumar @ Deepak Kumar Yadav S/O Shri Bheru Ydav @ Sachidanand Yadav Resident Of Village - Khiradih, P.S. - Parbatta, Dist. - Khagaria 2.

Gulshan Kumar @ Anuj Kumar S/O Shri Manki Yadav @ Manik Lal Yadav Resident Of Village - Khiradih, P.S. - Parbatt, District - Khagaria. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Singh 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 Parbatta P.S. Case No. 387 of 2020 registered for the offence under section 30(a) of Bihar Prohibition and 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 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

Patna High Court CR. MISC. No.10845 of 2021(2) dt.26-11-2021 2/2 dismissed as not maintainable.

Learned counsel or the petitioners is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

(Sandeep Kumar, J) Ravi/- U T