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Patna High CourtCR. MISC./10813/2021dismissed

Sikander Mukhiya v. The State Of Bihar

2021-11-26Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10813 of 2021 Arising Out of PS. Case No.-625 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== Sikander Mukhiya Jhapus Mukhiya Resident of Village- Chelahan Bin Toli, P.S. Banjariya, District- East Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ranjana Srivastava, 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 Turkoliya P.S. Case No. 625 of 2020 registered for the offence under sections 272, 273 and Section 30(a) of Bihar Prohibition Excise Act, 2016.

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.

Patna High Court CR. MISC. No.10813 of 2021(2) dt.26-11-2021 2/2 Learned counsel or the petitioner 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