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Patna High Court - Orders

Maksudan Mahto @ Bhuttu Mahto vs The State Of Bihar on 17 December, 2021

Author: Sandeep Kumar

Bench: Sandeep Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.64740 of 2021
                 Arising Out of PS. Case No.-456 Year-2021 Thana- LAHERIYASARAI District- Darbhanga
                 ======================================================
                 MAKSUDAN MAHTO @ BHUTTU MAHTO Son of Late Makun Mahto
                 Resident of Village - Mogalpura, P.O.- Lalbagh, P.S.- Laheriasarai (Kotwarli
                 O.P.), Distt.- Darbhanga.

                                                                                ... ... Petitioner/s
                                                      Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Manish Kumar No 13
                 For the Opposite Party/s :      Mr.Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-12-2021

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 Laheriasarai (Kotwali O.P.) P.S. Case No. 456/2021 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.64740 of 2021(2) dt.17-12-2021 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