Naresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20309 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- GOVINDPUR District- Nawada ====================================================== 1.

Naresh Ram son of Dewan Ram Village- Shikharpur Ps- Govindpur DistNawada 2.

Sadhu Ram son of Kameshwar Ram Village- Shikharpur Ps- Govindpur Dist- Nawada 3.

Karu Ram @ Akhlesh Ram son of Gango Ram Village- Shikharpur PsGovindpur Dist- Nawada 4.

Manoj Ram son of Late Jalo Ram Village- Shikharpur Ps- Govindpur DistNawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Nand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2024 At the outset, learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with regard to the petitioner No. 4 as he has already been arrested during pendency of the case.

2. Permission is granted.

3. The anticipatory bail application with regard to the petitioner No. 4, namely, Manoj Ram is dismissed as withdrawn.

4. Heard learned counsel for the petitioners and the State.

5. Petitioner Nos. 1 to 3 apprehend arrest in a case

Patna High Court CR. MISC. No.20309 of 2024(5) dt.07-05-2024 2/2 registered for the offences punishable under Sections 30(a)/30(D)/41 of the Bihar Prohibition and Excise Act.

6. As per the prosecution case, on secret information, a raid was conducted in which huge quantity of illicit liquor has been recovered from the houses of the petitioners.

7. Learned counsel appearing for the petitioners submits that no incriminating material has been recovered from the conscious possession of the petitioners and they are in no way connected with the aforesaid recovery. Petitioners claim clean antecedent.

8. Learned A.P.P. for the State submits that huge quantity illicit liquor was recovered from the houses of the petitioners. He further submits that this application for grant of anticipatory bail to the petitioners 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.B.).

9. Considering the aforesaid facts, anticipatory bail application of the petitioners is rejected.

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