Chotu Kumar Chaurasiya @ Chotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76 of 2022 Arising Out of PS. Case No.-116 Year-2021 Thana- INDUSTRIAL District- Bhagalpur ====================================================== CHOTU KUMAR CHAURASIYA @ CHOTU KUMAR, Son of Deepnarayan Chaurasiya, Resident of Chhara Patti, P.S.- Udakishunganj, District- Madhepura.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-02-2022 Heard learned counsel for the parties through video conferencing.

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.

This application for grant of anticipatory bail arises out of Industrial Area P.S. Case No. 116 of 2021 registered for the offence under Sections 272, 273, 188/34 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition & Excise Act.

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)

Patna High Court CR. MISC. No.76 of 2022(2) dt.14-02-2022 2/2 P.L.J.R. 1089 (F.B.).

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

(Sandeep Kumar, J) pawan/- U T