The High Court dismissed an anticipatory bail application as not maintainable, relying on the Full Bench decision in Ram Vinay Yadav vs. The State of Bihar which bars anticipatory bail under the Bihar Prohibition and Excise Act.
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.2448 of 2021
Arising Out of PS. Case No.-480 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur
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AMAR RAI, aged about 40 years, Male, Son of Late Gahnu Ray, Resident of Village- Madhuwan (Ward No. 17), P.S.- Kalyanpur, District- Samastipur.
... ... Petitioner
Versus
The State of Bihar.
| ============== | ... ... Opposite Party ======================================== |
|---|---|
| Appearance : | |
| For the Petitioner/s | : Mr. Kundan Kumar, Advocate |
| For the State ============== |
: Ms. Anita Kumari, APP ======================================== |
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 15-11-2021
This application for grant of anticipatory bail arises out of Samastipur Excise Case No. 480 of 2019 registered for the offence under Section 30(a) of the Bihar Prohibition and 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.).
Accordingly, this anticipatory bail application is dismissed as not maintainable.
(Sandeep Kumar, J)
pawan/- U T
1 issue framed by the court
Whether the anticipatory bail application is maintainable under the Full Bench precedent in Ram Vinay Yadav vs. State of Bihar
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. The State of BiharFollowed¶13
Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.)
AMAR RAI
The State of Bihar
SANDEEP KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
