Lalan Jaiswal @ Ajay Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51965 of 2024 Arising Out of PS. Case No.-94 Year-2024 Thana- RUPAULI District- Purnia ====================================================== Lalan Jaiswal @ Ajay Jaiswal son of Rajendra Prasad Jaiswal Village- Birauli Bazar Ps- Rupauli Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabindra Kumar Priyadarshi , Advocate Mr. Sumit Kumar Bhagat , Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2 , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2024 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 2022 .

3. As per the prosecution case , 75.750 liters of country made 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.

Patna High Court CR. MISC. No.51965 of 2024(2) dt.21-08-2024 2/2

5. Learned counsel for the State submits that huge quantity of liquor has been recovered from the house of the petitioner, 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