Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40332 of 2026 Arising Out of PS. Case No.-464 Year-2025 Thana- SABAUR District- Bhagalpur ====================================================== Mohit Kumar S/O Raghunath Mandal Resident of Village - Mamalaka Lailakh, P.S- Sabour,Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Shekhar Sharma, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2026 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 . Prosecution case is that 39.9 liters of illicit liquor was recovered from the house of this 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.

5. Learned counsel for the State submits that the recovery has been made from the house of the petitioner and has

Patna High Court CR. MISC. No.40332 of 2026(2) dt.29-06-2026 2/2 one criminal antecedent. 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 decision of this Court, this pre-arrest bail petition is rejected.

(Prabhat Kumar Singh, J) Koushik/SanjayU T