Sadhu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46162 of 2022 Arising Out of PS. Case No.-159 Year-2021 Thana- SIGAUDI District- Patna ====================================================== SADHU CHAUDHARY S/o Late Lalu Chaudhary Resident of VillageChiksi Tola, Police Station- Sigori, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a), 32, 36 of the Bihar Prohibition & Excise Act.

As per the prosecution case, six liter of country made liquor has been recovered from the house of this petitioner. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner has got clean antecedent.

Learned counsel for the State vehemently opposes the prayer for anticipatory bail.

Patna High Court CR. MISC. No.46162 of 2022(3) dt.11-11-2022 2/2 In view of the fact that prima facie a case under the Excise Act, is made out against 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.).

Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Prabhat Kumar Singh, J) BKS/- U T