Patna High CourtCR. MISC./17238/2025bail rejected

Ashish Kumar @ Ashish Nishad v. The State Of Bihar

2025-04-08Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17238 of 2025 Arising Out of PS. Case No.-113 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Ashish Kumar @ Ashish Nishad S/O Vijay Kumar Resident of VillageMachhua Toli, P.S- Kadamkuan, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad , Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 30(a) , 32, 62 and 56 ( b ) of the Bihar Prohibition and Excise Amendment Act 2022 . 3 . Prosecution case is that 166.530 liters illicit liquor were recovered from godown/shop of the petitioner which was taken on rent by petitioner and accordingly the seizure list was prepared.

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

Patna High Court CR. MISC. No.17238 of 2025(2) dt.08-04-2025 2/2 claims clean antecedent.

5 . Learned counsel for the State submits that the recovery has been made from the godown/shop of the petitioner. He further submits that petitioner is not entitled to the privilege anticipatory 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, this pre-arrest bail petition is rejected.

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