Suraj Yadav @ Surajdyal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63945 of 2024 Arising Out of PS. Case No.-189 Year-2024 Thana- MUFFASIL District- Aurangabad ====================================================== Suraj Yadav @ Surajdyal Yadav Son of Late Ramchandra Yadav R/o VillagePahal Bigha, P.S.- Aurangabad Muffasil, District- Aurangabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Aman Vishal, Advocate For the State :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2024 Heard learned counsels for the parties.

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

3. As per the prosecution case, 20 litres country made liquor has been recovered from the kiosk of this petitioner.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of this petitioner and he is in no way connected with the aforesaid recovery. Petitioner claims clean antecedents.

5. On the other hand, learned APP appearing for the State submits that illicit liquor has been recovered from the

Patna High Court CR. MISC. No.63945 of 2024(2) dt.30-09-2024 2/2 kiosk of this petitioner and, as such, this pre-arrest bail petition is not maintainable in view of decision of the Full Bench of this Hon'ble 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) shashank/- U T