IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.885 of 2025 Arising Out of PS. Case No.-406 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== 1 . BHUSHAN CHAUDHARI @ BHUSHAN CHAUDHARY S/O LATE JAGRNATH CHAUDHARI R/O VILLAGE-MAJHARIYA, WARD NO. - 03 PS- BAIRIYA, DISTRICT- WEST CHAMPARAN 2. RINKU DEVI W/O BHUSHAN CHAUDHARI @ BHUSHAN CHAUDHARY R/O VILLAGE-MAJHARIYA, WARD NO. - 03 PS- BAIRIYA, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s : Mr. Murli Dhar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 10-02-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 274, 275 of BNS and Section 30(a) of the Bihar Prohibition and Excise Act. 3 . As per the prosecution case , 6.4 liters of illegal liquor was recovered from the house of the petitioners. 4. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case . No incriminating material has been recovered from the conscious possession of the petitioners and they are no way connected with the aforesaid recovery . Patna High Court CR. MISC. No.885 of 2025(2) dt.10-02-2025 2/2 5 . Learned counsel for the State submits that the recovery has been made from the house of the petitioners, as 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 . Koushik/- (Prabhat Kumar Singh, J) U T