Anticipatory bail application dismissed as not maintainable prima facie case established under Bihar Prohibition & Excise Act, 2016 citing Full Bench decision.
Application for anticipatory bail 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.31487 of 2021
Arising Out of PS. Case No.-480 Year-2020 Thana- BARH District- Patna
======================================================
DHANESH KUMAR @ DHANESH YADAV Son of Vijay Yadav Resident of Village - Purai Bagh, P.S. Barh, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Pandey For the Opposite Party/s : Mr.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 Barh P.S. Case No. 480 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.31487 of 2021(2) dt.10-12-2021 2/2
Accordingly, this anticipatory bail application is
dismissed as not maintainable.
(Sandeep Kumar, J)
Saif/-
U T
2 issues framed by the court
Whether an anticipatory bail application is maintainable when a prima facie case is made out under the Bihar Prohibition & Excise Act, 2016.
Whether a Full Bench decision in Ram Vinay Yadav bars the grant of anticipatory bail in similar circumstances.
Colour shows how this judgement treated each authority
Ram Vinay Yadav vs. The State of BiharReferred¶14
Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.)
1 provisions across 1 enactments
Dhanesh Kumar @ Dhanesh Yadav
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
