Radha Kishun Sah @ Radha Kishun Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1894 of 2024 Arising Out of PS. Case No.-217 Year-2023 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Radha Kishun Sah @ Radha Kishun Prasad Son Of Late Raja Sah VillageBhedikari, P.S.- Ramgrwa, Dist.- East Champaran 2.

Dinesh Prasad Son Of Suresh Prasad Village- Bhedikari, P.S.- Ramgrwa, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Mishra For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Sections 30a/41 of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 4 liters illicit liquor was recovered from the house of the petitioner no.1.

4. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case on suspicion. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioners have got no criminal antecedent.

5. Learned counsel for the State submits that the recovery has been made from the house of the petitioner no.1, as such, this pre-arrest bail petition is not maintainable in view of

Patna High Court CR. MISC. No.1894 of 2024(4) dt.07-03-2024 2/2 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 of petitioner no.1 is dismissed as not maintainable.

7.Prayer for bail of the petitioner no.2 is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner no.2, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Excise Court no. 2, Motihari, East Champaran in Ramgarwa Police Station Case No. 217 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T