Tanu Yadav @ Raj Ballam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45338 of 2024 Arising Out of PS. Case No.-203 Year-2024 Thana- CHANDI District- Nalanda ====================================================== 1.

Tanu Yadav @ Raj Ballam Kumar son of Baleshwar Yadav @ Baleshwar Prasad Village- Mosimpur Ps- Chandi Dist- Nalanda 2.

Pankaj Kumar son of Ratan Saw Village- Gangaura Ps- Chandi DistNalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rana Baljit Singh, Advocate For the Opposite Party/s :

Mr. Shaheen Begum , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2024 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act 2018.

3. As per the prosecution case, 20.070 liter of English Wine and 15 liters country made wine was recovered from the house of these petitioners.

4. Learned counsel appearing for the petitioners submits that the petitioners are innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioners and

Patna High Court CR. MISC. No.45338 of 2024(2) dt.29-07-2024 2/2 they are 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 petitioners, 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