Parmanand Malahkar @ Kulkul @ Parmanand Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81522 of 2024 Arising Out of PS. Case No.-99 Year-2024 Thana- KURSAKANTA District- Araria ====================================================== Parmanand Malahkar @ Kulkul @ Parmanand Malakar Son of Bachchu Malakar @ Bachchu Malahkar Resident of Village- Kamaldaha, Ward No. 01, P.S. - Kursakanta, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Jha, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner and learned A.P.P. 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, 92.46 liters of Nepali country-made liquor has been recovered from the house of this petitioner.

4. Learned counsel for the petitioner submits that recovery has been made from the house, which is in joint possession of the family, and petitioner has got no concern with the alleged recovery. Petitioner claims clean antecedent.

5. Learned counsel for the State submits that the

Patna High Court CR. MISC. No.81522 of 2024(4) dt.30-01-2025 2/2 recovery has been made from the house of the petitioner, as such, this anticipatory 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.Β.).

6. Considering the aforesaid decision of this Court, this anticipatory bail petition is dismissed as same is not maintainable.

(Prabhat Kumar Singh, J) anay U T