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Patna High CourtCR. MISC./392/2022dismissed

Abhishek Kumar Pandey @ Abhishek Pandey v. The State Of Bihar

2022-02-14Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.392 of 2022 Arising Out of PS. Case No.-187 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Abhishek Kumar Pandey @ Abhishek Pandey, S/O- Bhagwan Pandey, Resident of Village- Rampur Pandey Tola, P.S.- Bhagwanpur Hat, DistrictSiwan. ... ... Petitioner

Versus

The State of Bihar.

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

For the Petitioner :

Mr. Rakesh Mohan Singh, Advocate For the Opposite Party/s :

Mr. Arvind Kumar Pandey, 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 Excise Case No. C-III 187 of 2021 registered for the offence under Sections 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 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.).

Patna High Court CR. MISC. No.392 of 2022(2) dt.14-02-2022 2/2 Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Sandeep Kumar, J) pawan/- U T