Rohit Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55867 of 2023 Arising Out of PS. Case No.-61 Year-2023 Thana- DHOLBAJJA District- Bhagalpur ====================================================== ROHIT MANDAL SON OF DEONARAYAN MANDAL RESIDENT OF MOHALLA- LAKSHMINIYA KADWA, P.S. DHOLBAZZA (KADWA O.P.), DISTRICT BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Upadhyaya, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, 29.25 liters country made liquor was recovered from the house 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 house of the petitioner, as

Patna High Court CR. MISC. No.55867 of 2023(2) dt.29-08-2023 2/2 such, this pre-arrest bail petition 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 decision of this Court, this pre-arrest bail petition is dismissed as not maintainable. (Prabhat Kumar Singh, J) Kaushik/- U T