Chandan Singh @ Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44516 of 2023 Arising Out of PS. Case No.-12 Year-2014 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== Chandan Singh @ Chandan Kumar Singh son of Late Bhola Singh VillageKhaira Ps- Bahadurpur Pator OP Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mrs.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2024 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 47(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 86 liters of hooch alongwith 900 ml. of illegal liquor has been recovered from the house of this petitioner.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the conscious possession of the petitioner. The recovery has been made from the house, which is in joint possession of the family and petitioner has got no concern with the aforesaid recovery. Petitioner has got clean antecedent.

Patna High Court CR. MISC. No.44516 of 2023(5) dt.08-07-2024 2/2

5. Learned counsel for the State submits that the 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