Patna High CourtCR. MISC./76095/2024dismissed

Sanjay Kumar Chaurasia @ Sanjay Kumar v. The State Of Bihar

2024-12-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76095 of 2024 Arising Out of PS. Case No.-116 Year-2021 Thana- INDUSTRIAL District- Bhagalpur ====================================================== Sanjay Kumar Chaurasia @ Sanjay Kumar S/o Arun Chaurasia R/o VillageMaheshkhutt, P.S.- Mahesh Kutt, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhusan Poddar For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

2. The following order was passed in Cr. Misc. No. 70975 of 2021 on 22.01.2022:- "Heard learned counsel for the parties through video conferencing.

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, 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 is dismissed as not maintainable."

Patna High Court CR. MISC. No.76095 of 2024(2) dt.11-12-2024 2/2

3. The petitioner has not surrendered after the dismissal of his bail application earlier. The petitioner is accused in a case of 2021 and he is an absconder.

4. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

5. In view of the above, this application is dismissed.

6. If the petitioner does not surrender within two weeks from today then the Senior Superintendent of Police, Bhagalpur will take all steps for arrest of the petitioner and file a report by the 10th of January, 2025.

7. List this case on 10th of January, 2025.

8. Let a copy of the order be communicated to the Senior Superintendent of Police, Bhagalpur through FAX/e-mail forthwith for compliance of the order.

(Sandeep Kumar, J) Saif/- U T