The petitioner applied for anticipatory bail in a case under Section 30(A) of the Bihar Prohibition & Excise Act. The court held the application not maintainable per a Full Bench decision.
Petitioner permitted to remove defects within four weeks; anticipatory bail application dismissed as not maintainable.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18526 of 2021
Arising Out of PS. Case No.-93 Year-2019 Thana- SURYAPUR District- Rohtas
======================================================
OM HARI @ PUNU SINGH SON OF LATE RAM BADAN SINGH R/O VILLAGE- KARMA, P.S.- SURYAPURA, DISTRICT- ROHTAS.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Nagendra Upadhyay 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 Suryapura P.S. Case No. 93/2019 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.18526 of 2021(2) dt.03-12-2021 2/2
Accordingly, this anticipatory bail application is
dismissed as not maintainable.
(Sandeep Kumar, J)
Saif/-
U T
1 issue framed by the court
Whether the application for grant of anticipatory bail is maintainable under the Full Bench decision of Ram Vinay Yadav vs. State of Bihar in similar excise cases.
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.)Applied¶14
Om Hari @ Punu Singh
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
