The Patna High Court rejected an anticipatory bail application filed by Ramchandra Sah in a case concerning the Bihar Prohibition & Excise Act. The court held the application non-maintainable relying on a Full Bench decision, thereby dismissing it.
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.19587 of 2021
Arising Out of PS. Case No.-251 Year-2020 Thana- BAHERA District- Darbhanga
====================================================== RAMCHANDRA SAH SON OF LATE JAGDISH SAH VILLAGE/MOHALLA- BASUHAM, P.S.- BAHERA DISTT.DARBHANGA
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kedar Jha 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 Bahera P.S. Case No. 251/2020 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)
Patna High Court CR. MISC. No.19587 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 the present anticipatory bail application under the Bihar Prohibition & Excise Act, 2016 is maintainable in light of the Full Bench precedent of Ram Vinay Yadav vs. The State of Bihar.
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. The State of BiharRelied on¶9
Ram Vinay Yadav vs. The State of Bihar reported in 2019(2)
2 provisions across 2 enactments
Ramchandra Sah
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
