Ravindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50780 of 2023 Arising Out of PS. Case No.-17 Year-2015 Thana- CHANDRADIP District- Jamui ====================================================== RAVINDRA YADAV Son of Late Karu Yadav Resident of Village-Matvalva, P.S.-Chandradeep, Dist.-Jamui.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Shailendra Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023

1. Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 273 of the IPC and 47(a) of the Bihar Excise Act.

3. Prosecution case is that 37 liters of country made wine was recovered from the poultry farm 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.

5. Learned counsel for the State submits that the recovery has been made from the poultry farm of the petitioner.

Patna High Court CR. MISC. No.50780 of 2023(2) dt.17-08-2023 2/2

6. Considering the fact that the recovery of alcohol has been made from the poultry farm of 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.).

7. Accordingly, this anticipatory bail application is dismissed as not maintainable. (Prabhat Kumar Singh, J) Kaushik/- U T