IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57170 of 2024 Arising Out of PS. Case No.-237 Year-2024 Thana- ALAMNAGAR District- Madhepura ====================================================== 1. VINAY BHAGAT @ VINAY KUMAR SON OF LATE PARMANAND BHAGAT R/V- VILLAGE- MADHALI DIYARA, WARD NO. 11, P.S.- ALAM NAGAR, DISTT.- MADHEPURA 2. MANISH BHAGAT @ MANISH KUMAR SON OF LATE PARMANAND BHAGAT R/V- VILLAGE- MADHALI DIYARA, WARD NO. 11, P.S.- ALAM NAGAR, DISTT.- MADHEPURA ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Uday Chand Prasad, Advocate For the State : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 19-03-2025 Heard learned counsels for the parties. 2. The prayer for grant of anticipatory bail to Petitioner No. 1 has already been dismissed as withdrawn vide order dated 31.08.2024. 3. Petitioner No. 2 apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 4. As per the prosecution case, 113.25 litres foreign made liquor has been recovered from the house of this petitioner. 5. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been Patna High Court CR. MISC. No.57170 of 2024(4) dt.19-03-2025 2/2 implicated in this case. No incriminating material has been recovered from the conscious possession of this petitioner and he is in no way connected with the aforesaid recovery. Petitioner claims clean antecedents. 6. On the other hand, learned APP appearing for the State submits that illicit liquor has been recovered from the house of this petitioner and, as such, this pre-arrest bail petition is not maintainable in view of decision of the Full Bench of this Hon’ble 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. Considering the aforesaid decision of this Court, this pre-arrest bail petition on behalf of Petitioner No. 2 is dismissed as not maintainable. shashank/- (Prabhat Kumar Singh, J) U T