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Patna High CourtCR. MISC./64321/2021dismissed

Anita Devi @ Babita Devi v. The State Of Bihar

2021-12-17Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64321 of 2021 Arising Out of PS. Case No.-257 Year-2021 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

ANITA DEVI @ BABITA DEVI Wife of Jitendra Manjhi Resident of Village - Gamharpur, Bhui Toli, Police Station - Khizersarai, District - Gaya. 2.

kavita Devi Wife of Deepak Manjhi Resident of Village - Gamharpur, Bhui Toli, Police Station - Khizersarai, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ujjawal Kumar Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== 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.

This application for grant of anticipatory bail arises out of Khizersarai P.S. Case No. 257 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

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.64321 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) Saif/- U T