Manoj Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.806 of 2022 Arising Out of PS. Case No.-223 Year-2021 Thana- MAHESI District- East Champaran ====================================================== MANOJ SAHANI Son of Musafir Sahani Resident of Village - Bakhri Najir , P.s.- Mehsi, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-02-2022 Heard learned counsel for the parties.

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 Mehsi P.S. Case No. 223 of 2021 registered for the offence under Section 30(a)/32/41(i) of the Bihar Prohibition & Excise Act, 2016.

The petitioner is accused in other similarly situated cases of 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.806 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.

Learned Additional Sessions Judge II-cum-Special Judge, Excise, East Champaran, Motihari, is directed to conclude the trial of all Excise Act cases, if they are pending in this court within a period of six months from today. (Sandeep Kumar, J) Saif/- U T