Md. Shamshad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26127 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- RAHIKA District- Madhubani ====================================================== Md. Shamshad Son of Kari Nadaf R/O- Village- Pokhrauni Dhuniyatol, P.S.- Rahika, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Mr. Vinod Kumar, Adv For the Opposite Party/s :

Mr. Kanhiya Kishor, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2025 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) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 120 litres illicit liquor was recovered out of which 30 litres was recovered from the house of petitioner.

4. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner has been made accused only on suspicion.

5. Learned A.P.P. for the State submits that 30 litres illicit liquor was recovered from the house of the petitioner and

Patna High Court CR. MISC. No.26127 of 2025(2) dt.06-05-2025 2/2 he has got one criminal antecedent of similar nature. He further submits that petitioner is not entitled to the privilege of 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 facts, anticipatory bail application of the petitioner is rejected.

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