Manoj Rai @ Manoj Kumar @ Manoj Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58106 of 2024 Arising Out of PS. Case No.-354 Year-2017 Thana- GOVT. OFFICIAL COMPLAINT CASE District- Sheikhpura ====================================================== Manoj Rai @ Manoj Kumar @ Manoj Roy son of Late Kishori Rai VillageBahuara Ps- Chewara Dist- Sheikhpura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehend his arrest in a case registered for the offence punishable under Section 47(a) of the Bihar Excise Act.

3.

As per the prosecution case, total 600 litres of illicit country made liquor was recovered from the poultry farm of the petitioner.

4.

Learned counsel appearing for the petitioner is innocent and has falsely been implicated in this case. The petitioner has no concern with the alleged recovery. No incriminating article was recovered from the conscious possession of the petitioner. The petitioner has one criminal

Patna High Court CR. MISC. No.58106 of 2024(2) dt.18-09-2024 2/2 antecedent and he is on bail in that case.

5.

Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner and submits that there is huge quantity of alleged recovery is made from the poultry farm of the petitioner, as such, this anticipatory bail petition is not maintainable, in view of the 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 anticipatory bail petition is dismissed as same is not maintainable.

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