Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21400 of 2025 Arising Out of PS. Case No.-389 Year-2024 Thana- ALAMNAGAR District- Madhepura ====================================================== Amit Kumar S/O Kishore Singh R/O Village- Ganiyari Ward No. 04, P.SAlamnagar, Dist.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Yadav For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner and 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, 65 liters country-made liquor has been recovered from 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. Alleged recovery has been made from the residential complex and petitioner had no knowledge about the alleged illicit liquor. Petitioner has got clean antecedent.

5. Learned counsel for the State submits that the

Patna High Court CR. MISC. No.21400 of 2025(2) dt.30-04-2025 2/2 recovery has been made from the house of the petitioner, 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