Sate Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8302 of 2025 Arising Out of PS. Case No.-176 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Sate Mukhiya S/O Late Bahru Mukhiya R/O vill- Baunsi, P.S.- Babubarhi,Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Pallavi, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under Section 272/273 of the I.P.C. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 25 liters country-made liquor has been recovered from the house of this petitioner.

4. Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner. The recovery has been made from the asbestos house of petitioner, which is an open place and accessible to all. Petitioner claims clean antecedent.

5. Learned counsel for the State submits that the recovery has been made from the house of the petitioner, as

Patna High Court CR. MISC. No.8302 of 2025(2) dt.06-03-2025 2/2 such, this anticipatory 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.Β.).

6. Considering the aforesaid decision of this Court, this anticipatory bail petition is dismissed as same is not maintainable.

(Prabhat Kumar Singh, J) anay U T