Jugesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5982 of 2025 Arising Out of PS. Case No.-96 Year-2024 Thana- Dhobaha District- Bhojpur ====================================================== Jugesh Yadav S/O Hans Raj Yadav R/O Village - Salempur, P.S- Dhobaha, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Bibhakar Tiwary, Advocate For the State :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 10.830 litres illicit made liquor has been recovered from the house of this petitioner.

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

5. On the other hand, learned APP appearing for the State submits that illicit liquor has been recovered from the

Patna High Court CR. MISC. No.5982 of 2025(2) dt.27-02-2025 2/2 house of this petitioner and, as such, this pre-arrest bail petition is not maintainable in view of decision of the Full Bench of this Hon'ble 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.). It is further submitted that petitioner has also got two criminal antecedents out of which one is of similar nature.

6. Considering the aforesaid decision of this Court and criminal antecedent of the petitioner, this pre-arrest bail petition is dismissed.

(Prabhat Kumar Singh, J) shashank/- U T