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Patna High CourtCR. MISC./68237/2021dismissed

Mithai Lal @ Prince Kumar v. The State Of Bihar

2021-12-24Mr. Justice Sandeep Kumar1 pages

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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68237 of 2021 Arising Out of PS. Case No.-376 Year-2020 Thana- TURKAULIYA District- East Champaran ====================================================== Mithai Lal @ Prince Kumar S/o Madan Prasad R/o village- Semra Bazar, P.S.- Turkawaliya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhannjay Kumar, Advocate For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-12-2021 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Turkawaliya P.S. Case No. 376 of 2020 registered for the offence under Section 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and 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 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.

(Sandeep Kumar, J) mdrashid/- U T