The Patna High Court dismissed an application for anticipatory bail regarding an offence under the Bihar Prohibition & Excise Act, 2016. The court held the application was not maintainable citing a Full Bench decision.
Application for anticipatory bail dismissed as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18486 of 2021
Arising Out of PS. Case No.-683 Year-2020 Thana- HAJIPUR SADAR District- Vaishali
======================================================
LAL BABU RAI SON OF PRAKASH RAI @ RAM PRAKASH RAI RESIDENT OF VILLAGE- PANAPUR LANGA, P.S- HAJIPUR SADAR, DISTRICT- VAISHALI
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ranjit Kumar Thakur For the Opposite Party/s : Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
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 Hajipur Sadar P.S. Case No. 683/2020 registered for the offence under Section 30(A)/36/41(i) 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)
Patna High Court CR. MISC. No.18486 of 2021(2) dt.03-12-2021 2/2
P.L.J.R. 1089 (F.B.).
Accordingly, this anticipatory bail application is
dismissed as not maintainable.
(Sandeep Kumar, J)
Saif/-
U T
1 issue framed by the court
Whether an application for anticipatory bail under the Bihar Prohibition & Excise Act, 2016 is maintainable when a prima facie case is made out.
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. The State of BiharApplied¶11
2019(2) Ram Vinay Yadav vs. The State of Bihar P.L.J. 1089 (F.B.)
1 provisions across 1 enactments
Lal Babu Rai
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
