Shri Bhagwan Chauhan @ Shri Bhagwan Singh @ Shreebhagvan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62633 of 2025 Arising Out of PS. Case No.-181 Year-2025 Thana- RAJPUR District- Buxar ====================================================== Shri Bhagwan Chauhan @ Shri Bhagwan Singh @ Shreebhagvan S/O Late Basropan Chauhan Resident of Village- Jalhara, P.S- Rajpur, Distt.- Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun Kumar Gupta For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends 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, total 46.22 liters illicit liquor was recovered from the house of this petitioner.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner and he has got no concern with the aforesaid recovery. Petitioner has got no criminal antecedent.
5. Learned counsel for the State submits that the
Patna High Court CR. MISC. No.62633 of 2025(2) dt.05-12-2025 2/2 recovery has been made from the house of the petitioner, as 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, the prayer for anticipatory bail of petitioner is rejected. (Prabhat Kumar Singh, J) anay U T