Alakh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50786 of 2022 Arising Out of PS. Case No.-431 Year-2022 Thana- SONEPUR District- Saran ====================================================== Alakh Rai Son Of Siv Narayn R/O Village- Sadalpur Bin Tola, P.S.- Sonepur, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and the State through video conferencing.

The petitioner apprehends his arrest in connection with Sonepur PS Case No. 431 of 2022, registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

40 litres of country made liquor has been recovered from the hutment of this petitioner.

It is submitted that petitioner denies the ownership of the said hutment and nothing has been recovered from conscious possession of this petitioner. Petitioner claims clean antecedent.

In view of the fact that prima facie a case under the Excise Act, is made out against the petitioner, this application

Patna High Court CR. MISC. No.50786 of 2022(2) dt.11-11-2022 2/2 for grant of anticipatory bail is not maintainable in view of the Full Bench decision of this Court in the case of Ram Vinay Yadav Vs. The State of Bihar reported in 2019(2) PLJR 1089. Accordingly, this anticipatory bail application is dismissed as not maintainable.

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