Single judge oral order dismissed an anticipatory bail application as not maintainable. The petitioner, facing arrest in a prohibition case, was denied relief due to antecedents, relying on a cited Full Bench judgment.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7028 of 2022
Arising Out of PS. Case No.-1198 Year-2020 Thana- NAWADA District- Nawada
======================================================
Lapetan Sao @ Arvind Kumar Nirjhar @ Arvind Kumar @ Lutan Sao Son of Arjun Sao Resident of Mohalla-Sudama Nagar, Police Station- Nawada Town in the district of Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr.Sunil Kumar, Advocate For the Opposite Party : Mrs.Indu Kumari Srivastava, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
2 25-03-2022
The matter is being heard through video conferencing
due to circumstances prevailing on account of Covid-19 pandemic.
Heard the parties.
The petitioner apprehends his arrest in connection with Nawada Town P.S. Case No.1198 of 2020 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016.
In view of the allegations levelled against the petitioner and in view of the antecedent of similar nature against him, this anticipatory bail application is not maintainable in view of the judgment of the Full Bench of this Court in the case of Ram Binay Yadav Vs. The State of Bihar reported in [2019 (2)
Patna High Court CR. MISC. No.7028 of 2022(2) dt.25-03-2022 2/2
PLJR 1089 (Full Bench)]. Accordingly, it is dismissed as not maintainable.
(Sandeep Kumar, J)
BT/-
U T
1 issue framed by the court
Whether the anticipatory bail application is maintainable given the petitioner's antecedents and existing Full Bench jurisprudence.
Colour shows how this judgement treated each authority
Ram Binay Yadav Vs. The State of BiharApplied¶15
Ram Binay Yadav Vs. The State of Bihar reported in [2019 (2) PLJR 1089 (Full Bench)]
Lapetan Sao @ Arvind Kumar Nirjhar @ Arvind Kumar @ Lutan Sao
The State of Bihar
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
