Nirdosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9203 of 2025 Arising Out of PS. Case No.-1 Year-2025 Thana- MANSI District- Khagaria ====================================================== Nirdosh Kumar S/O Harinandan Yadav R/O Vill./ Mohalla- Khutiya, Ward No. 09, P.S.- Mansi, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-03-2025 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 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 15.3 liters of illicit foreign liquor has been recovered from the house of this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has got no concern with the aforesaid recovery.

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

Patna High Court CR. MISC. No.9203 of 2025(2) dt.22-03-2025 2/2 has got two criminal antecedent of similar nature. Therefore, 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 and similar nature of criminal antecedent of petitioner, the anticipatory bail petition is dismissed.

(Prabhat Kumar Singh, J) anay U T