Ram Babu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.307 of 2025 Arising Out of PS. Case No.-141 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Ram Babu Paswan Son of Ramkshya Paswan Resident of Vill- Musapur Ward No. 5, P.S.- Ghanto, District- Samstipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr. Upendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-02-2025 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 Act.

3 . As per the prosecution case, 9 liters of country made wine was recovered from the shop/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 shop of the petitioner, as

Patna High Court CR. MISC. No.307 of 2025(2) dt.04-02-2025 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) Koushik/- U T