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Patna High CourtCR. MISC./56111/2024bail rejected

Vinod Chaudhary @ Sheet Chaudhary v. The State Of Bihar

2024-09-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56111 of 2024 Arising Out of PS. Case No.-866 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== Vinod Chaudhary @ Sheet Chaudhary Son Of Late Rameshwar Chaudhary Village- Koilwan (PASITOLA Raghunath Bigha) Ps- Haspura, DistAurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2024 Heard learned counsel for the petitioner and Mr. Umeshanand Pandit, learned A.P.P. for the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 30(a), 30(c) of the Bihar Prohibition and Excise Act and Sections 2(e), 3, 5 and 12 of the Bihar Excise (Mahua Flowers) Rules.

3. As per the prosecution case, 45 liters county made liquor and 950 kg Mahua flowers has been recovered from veranda of the house of this petitioner.

4. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner claims clean

Patna High Court CR. MISC. No.56111 of 2024(2) dt.09-09-2024 2/2 antecedent.

5. Learned A.P.P. for the State submits that huge quantity of illicit liquor and mahua flowers were recovered from the house of petitioner. He further submits that 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.).

6. Considering the aforesaid facts, anticipatory bail application of the petitioner is rejected.

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