Vikash Kumar @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20641 of 2023 Arising Out of PS. Case No.-68 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Vikash Kumar @ Vivek Kumar S/O- Lakhindra Rai Village- Jatkauli Ps DistVaishali ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ranjit Kumar Thakur For the Opposite Party :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

As per the prosecution case, 9 liters foreign liquor was recovered from the house of the petitioner. Learned counsel appearing for the petitioner submits that the no incriminating material has been recovered from the conscious possession of the petitioner and the house in question is his joint family property. Petitioner has got no criminal antecedent.

Learned counsel for the State submits that the recovery has been made from the house of the petitioner, as such, this pre-arrest bail petition is not maintainable in view of Full Bench decision of this Court rendered in the case of Ram

Patna High Court CR. MISC. No.20641 of 2023(3) dt.19-06-2023 2/2 Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).

Considering the aforesaid decision of this Court, this pre-arrest bail petition is dismissed as not maintainable. (Prabhat Kumar Singh, J) Shashi U T