Shivnath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1194 of 2025 Arising Out of PS. Case No.-151 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Shivnath Ray S/o- Late Jamun Ray Residence of ward no, 02, VillageMubarakpur Lat Basepura, Police Station-Musarigharari, District-Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar , Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-02-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act 2018 (Amended ).

3 . As per the prosecution case , 17.955 liters of illegal foreign liquor was recovered from the go-down (house) of the petitioner.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case . No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery .

5. Learned counsel for the State submits that the

Patna High Court CR. MISC. No.1194 of 2025(2) dt.11-02-2025 2/2 recovery has been made from the house/ go-down of the petitioner, as such, this pre-arrest bail petition 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.).

6. Considering the aforesaid decision of this Court, this pre-arrest bail petition is dismissed as not maintainable . (Prabhat Kumar Singh, J) Koushik/- U T