Petitioner sought anticipatory bail in an Excise case. The court held the application not maintainable relying on a Full Bench decision and dismissed it.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28866 of 2021
Arising Out of PS. Case No.-1539 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur
======================================================
Laldas Rai, aged about 26 years, Male, son of Sri Nath Narayan Rai, resident of Village - Bara, Police Station-Ara Muffasil, District – Bhojpur.
... ... Petitioner
Versus
The State Of Bihar.
... ... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Anil Kumar, Advocate For the Opposite Party : Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 10-12-2021 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 Excise Case No. 1539 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.28866 of 2021(2) dt.10-12-2021 2/2
Accordingly, this anticipatory bail application is
dismissed as not maintainable.
(Sandeep Kumar, J)
pawan/-
U T
1 issue framed by the court
Whether an anticipatory bail application is maintainable when a prima facie case is made out under the Excise Act.
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. The State of BiharRelied on¶14
2019(2) P.L.J.R. 1089 (F.B.)
2 provisions across 2 enactments
Laldas Rai
The State Of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sandeep Kumar
Parties & counsel
