Sharma Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14965 of 2025 Arising Out of PS. Case No.-531 Year-2024 Thana- MADHUBAN District- East Champaran ====================================================== Sharma Chaudhary Son of Bhola Chaudhary Resident of Village - Baljitpur, P.S. - Madhuban, District - East Champaran, Bihar-845420 ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Akshay Ashish, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2025 Heard learned counsel for the petitioner and the State.

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

3. As per the prosecution case, 30 liters illicit liquor was recovered from the 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 on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner has got no criminal antecedent.

5. Learned counsel for the State submits that the recovery has been made from the house of the petitioner, as such, petitioner is not entitled to the privilege of pre-arrest bail 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,

Patna High Court CR. MISC. No.14965 of 2025(2) dt.07-04-2025 2/2 this pre-arrest bail petition is dismissed.

(Prabhat Kumar Singh, J) Shashi U T