The High Court of Patna dismissed the petitioner's anticipatory bail application as not maintainable, citing the Full Bench decision in Ram Vinay Yadav, noting that prima facie case under the Bihar Prohibition & Excise Act, 2016 was made out.
Anticipatory bail application dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16555 of 2021
Arising Out of PS. Case No.-279 Year-2020 Thana- UJIYARPUR District- Samastipur
======================================================
Deepak Kumar Chaudhary, aged about 25 years (Male), son of Shiv Shankar Chaudhary, resident of village-Ramchanderpur Andhail, P.S - Ujiyarpur, District - Samastipur.
... ... Petitioner
Versus
The State of Bihar.
| ================ | ========= | ... .. =================== |
. Opposite Party ========== |
|---|---|---|---|
| Appearance : | |||
| For the Petitioner | : Mr. |
Mahendra Pratap, Advocate | |
| For the Opposite Party ================ |
: Mr. ========= |
Jharkhandi Upadhyay, APP =================== |
========== |
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
2 03-12-2021
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 Ujiyarpur P.S. Case No. 279 of 2020 registered for the offence 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.) .
Patna High Court CR. MISC. No.16555 of 2021(2) dt.03-12-2021 2/2
Accordingly, this anticipatory bail application is
dismissed as not maintainable.
(Sandeep Kumar, J)
pawan/-
U T
2 issues framed by the court
Whether an application for grant of anticipatory bail in a case under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 is maintainable in light of the Full Bench decision in Ram Vinay Yadav.
If prima facie case is made out against the petitioner under the Excise Act, what is the maintainability of the anticipatory bail application?
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. The State of BiharFollowed¶16
2019(2) P.L.J.R. 1089 (F.B.)
2 provisions across 2 enactments
Deepak Kumar Chaudhary
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
