Raghab Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36973 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- Excise Jhanjharpur District- Madhubani ====================================================== Raghab Kumar Paswan SON OF AMAR PASWAN Village-Belmohan Police Station-Phulparas District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Prasad , Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-10-2024 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), 30(c), 32(iii), 36 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 15.875 liters illicit liquor was recovered from the house of the petitioner .

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery . Petitioner claims clean antecedent.

5. Learned counsel for the State submits that the

Patna High Court CR. MISC. No.36973 of 2024(3) dt.04-10-2024 2/2 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 Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).

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