Patna High CourtCR. MISC./3018/2024dismissed

Santosh Kumar Thakur @ Santosh Thakur v. The State Of Bihar

2024-03-07Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3018 of 2024 Arising Out of PS. Case No.-291 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Santosh Kumar Thakur @ Santosh Thakur SON OF SURYADEV THAKUR @ BAUKA THAKUR RESIDENT OF VILLAGE KARHIYA PS - RAJNAGAR DIST. - MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratnakar Jha For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2024 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. Prosecution case is that 30.300 liters illicit liquor was recovered from the 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. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.3018 of 2024(3) dt.07-03-2024 2/2

5. Learned counsel for the State submits that the recovery has been made from the house of the petitioner, as such, he cannot escape responsibility.

6. Considering the fact that the recovery of illicit liquor has been made from the house of the petitioner, this application for grant of anticipatory bail to the petitioner, 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.).

7. Accordingly, this anticipatory bail application is dismissed as not maintainable.

(Prabhat Kumar Singh, J) sanjeev/- U T