IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77936 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- ATRI District- Gaya ====================================================== 1 . Karu Choudhary S/O Late Durga Choudhary R/O Village- Damodra, P.S- Atri, Distt.- Gaya. 2. Siya Choudhary S/O Late Durga Choudhary R/O Village- Damodra, P.S- Atri, Distt.- Gaya. 3 . Suresh Choudhary S/O Karu Choudhary R/O Village- Damodra, P.S- Atri, Distt.- Gaya. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Ajay Kumar No. 2 , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 18-01-2025 Heard learned counsel for these petitioners 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 Amendment Act 2022 . 3 . As per the prosecution case, 8 liters Mahua liquor and 50 liters jawa Mahua recovered from the house of petitioner No. 1 , 10 liters Mahua liquor and 20 liters jawa Mahua recovered from the house of petitioner No. 2 and 6 liters Mahua liquor 65 liters jawa Mahus recovered from the house of petitioner No. 3 . Patna High Court CR. MISC. No.77936 of 2024(2) dt.18-01-2025 2/2 4. Learned counsel appearing for these petitioners submits 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 . Petitioners claim clean antecedent. 5 . Learned counsel for the State submits that the recovery has been made from the house of these 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