Santosh Chaudhary @ Santosh Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9843 of 2025 Arising Out of PS. Case No.-789 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== Santosh Chaudhary @ Santosh Chaudhari S/o Rajender Chaudhari R/o vill - Chhotki Nagwan, P.S. - Fatehpur, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Arvind Kumar Singh, Advocate For the State :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2025 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 prosecution case, 37.850 litres illicit 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. Petitioner claims clean antecedents.

5. On the other hand, learned APP appearing for the State submits that petitioner is not entitled to the privilege of

Patna High Court CR. MISC. No.9843 of 2025(2) dt.24-03-2025 2/2 anticipatory bail 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.).

6. Considering the aforesaid decision of this Court, the prayer for grant of anticipatory bail to this petitioner is rejected.

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