Manish Kumar @ Bauna @ Pappu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24152 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- GAYA KOTWALI District- Gaya ====================================================== Manish Kumar @ Bauna @ Pappu S/o Lalan Prasad R/o Village Pintu Pachak Gali P.S. Kotwali Dist Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar,Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and Sri Pramod Kumar Pandey, 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, 16 liters cane beer has been recovered from Khandernuma (old) house, which is situated under 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 and he has got no concern with the alleged recovery. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.24152 of 2024(4) dt.16-05-2024 2/2
5. Learned counsel for the State submits that the recovery has been made from the old house, which is situated under the house of petitioner, and as such, 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, this anticipatory bail petition is dismissed, as same is not maintainable.
(Prabhat Kumar Singh, J) anay U T