Partly allowed

Raj Kumar Sahani @ Raj Kumar v. the State of Bihar

Patna HC26 Nov 2021CR. MISC./12159/2021

Case brief

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What is this about?

This order concerns an anticipatory bail application under the Bihar Prohibition and Excise Act. The petitioner who was arrested during the pendency of the application was allowed to withdraw his prayer. The other petitioner's application was dismissed as not maintainable based on a Full Bench judgment. [40 words]

What did the court decide?

Withdrawal of anticipatory bail prayer allowed for petitioner no. 1; application dismissed as not maintainable for petitioner no. 2.

Raj Kumar Sahani @ Raj Kumar Vs the State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12159 of 2021

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Arising Out of PS. Case No.-646 Year-2020 Thana- KUDHNI District- Muzaffarpur

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======================================================

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Raj Kumar Sahani @ Raj Kumar Son of Ram Sirtaj Sahani Resident of Village - Kurhani, Naya Tola, P.S. - Kurhani, District - Muzaffarpur.

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Ram Kumar Sahani Son of Ram Sirtaj Sahani Resident of Village - Kurhani, Naya Tola, P.S. - Kurhani, District - Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioners : Mr. Satya Prakash Sinha, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 26-11-2021 Heard learned counsel for the petitioners and learned

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APP for the State.

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The petitioners apprehend their arrest in connection with Kurhani (Fakuli O.P.) P.S. Case No.646 of 2020 registered for offences under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

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At the very outset, learned counsel for the petitioners submits that petitioner no. 1, namely, Raj Kumar Sahani @ Raj Kumar has been arrested during the pendency of this application. Hence, he prays for withdrawal of the application.

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Prayer is allowed. The application for anticipatory bail is dismissed as withdrawn so far as petitioner no. 1, namely,

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Patna High Court CR. MISC. No.12159 of 2021(2) dt.26-11-2021 2/2

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Raj Kumar Sahani @ Raj Kumar is concerned.

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So far as petitioner no. 2, namely, Ram Kumar Sahani is concerned, in view of the allegations levelled against him, this anticipatory bail application is not maintainable in view of the judgment of the Full Bench of this Court in the case of Ram Binay Yadav Vs. The State of Bihar reported in [2019 (2) PLJR 1089 (Full Bench)].

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Accordingly, it is dismissed as not maintainable.

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(Sandeep Kumar, J)

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BT/-

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U T

Raj Kumar Sahani @ Raj Kumar v. the State of Bihar

Case brief

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Raj Kumar Sahani @ Raj Kumar v. the State of Bihar

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