Hardeo Ram @ Hardev Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37306 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- KOTWA District- East Champaran ====================================================== HARDEO RAM @ HARDEV RAM SON OF BHUTELI RAM RESIDENT OF VILLAGE - SOBAIYA TALI TOLA, P.S. - KOTWA, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-08-2023
1. 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-2018.
3. Prosecution case is that 02 litres of country 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 has got no criminal antecedent.
Patna High Court CR. MISC. No.37306 of 2023(2) dt.03-08-2023 2/2
5. Learned counsel for the State submits that the recovery has been made from the house of the petitioner. Considering the fact that the recovery of alcohol has been made from the house of the petitioner, this application for grant of anticipatory bail to the petitioner 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. Accordingly, this anticipatory bail application is dismissed as not maintainable.
(Prabhat Kumar Singh, J) Kaushik/- U T