Rajiv Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66610 of 2021 Arising Out of PS. Case No.-102 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Rajiv Kumar Sharma, Son Of Late Vinay Kumar Sharma, Resident of Village - Rajwara , Ward No.01, P.S.- Barauni, Distt.- Begusarai. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Krishna Chandra, Advocate For the Opposite Party :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-12-2021 Heard Mr. Rishi Raj Sinha, learned counsel for the Income Tax Department, Mr. K.N. Singh, learned Senior Counsel assisted by Mr. Manoj Kumar Singh, learned counsel for the Enforcement Directorate and Mr. Ajay, learned counsel for the State.

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

The petitioner seeks anticipatory bail in connection with Excise Case No. 102C2 of 2021 registered for the offence under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018.

In view of the fact that prima facie a case under the Excise Act, is made out against the petitioner, this application

Patna High Court CR. MISC. No.66610 of 2021(3) dt.20-12-2021 2/2 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.).

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

In this case, huge quantity of liquor has been recovered and as per the direction of this Court, the State authorities were required to act in this matter. Considering the fact that now, the State authorities are acting in this matter, there is no need to keep this matter pending.

(Sandeep Kumar, J) pawan/- U T