Shravan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53312 of 2025 Arising Out of PS. Case No.-221 Year-2025 Thana- Excise P.S. District- Begusarai ====================================================== Shravan Kumar Son of Silo Yadav Resident of Village- Bhawanandpur, Ward No. 13, P.S.- Birpur, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Sumiran Rai, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends arrest in a case registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 523.995 liters illicit liquor was recovered from the house of this petitioner.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to enmity. Petitioner was not present at the time of recovery. There is violation of mandatory provision of search and seizure. 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.53312 of 2025(3) dt.29-08-2025 2/2 Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposed and submitted that the huge quantity of illicit liquor was recovered from the house of this petitioner. It is further submitted that petitioner is not entitled to the privilege of anticipatory bail 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 submissions of learned counsel for the parties and the fact that huge quantity of illicit liquor has been recovered from the house of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail is, hereby, rejected. (Sunil Dutta Mishra, J) utkarsh/- U T