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2025 DAILYLAW 62052 (PAT)

Dudhnath Yadav v. The State of Bihar

CR. MISC./48907/2025 · 2025-07-21

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48907 of 2025 Arising Out of PS. Case No.-135 Year-2025 Thana- SRINAGAR District- West Champaran ====================================================== 1 . Dudhnath Yadav S/O Late Bhikham Yadav R/O Vill.- Masahan Dhab, Bhagwanpur, P.S. Sri Nagar, Distt.- West Champaran 2. Rajesh Yadav S/O Dudhnath Yadav R/O Vill.- Masahan Dhab, Bhagwanpur, P.S. Sri Nagar, Distt.- West Champaran ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sujeet Kumar , Advocate For the Opposite Party/s : Mr. Shaheen Begum , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 21-07-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehend 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 32.2 liters of illcit liquor was recovered from hut of these petitioners. 4. Learned counsel appearing for these petitioners submit that these petitioners are innocent and have falsely been implicated in this case . No incriminating material has been recovered from the conscious possession of these petitioners and they are no way connected with the aforesaid recovery . Patna High Court CR. MISC. No.48907 of 2025(2) dt.21-07-2025 2/2 Petitioners have got 1 criminal antecedent of similar nature in which he is on bail. 5 . Learned counsel for the State submits that the recovery have been made from the hut of these petitioners. He further submits that petitioners are not entitled to the privilege anticipatory bail 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 rejected. Koushik/- (Prabhat Kumar Singh, J) U T