Santosh Kumar Yadav @ Santosh Yadav v. The State of Bihar
CR. MISC./87761/2024 · 2025-01-20
Prabhat Kumar Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83047 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83047 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87761 of 2024 Arising Out of PS. Case No.-48 Year-2024 Thana- EXCISE SIMRAHI District- Supaul ====================================================== Santosh Kumar Yadav @ Santosh Yadav S/o- Bhupendra yadav Village- Dharhara,ward no.10, Ps-Raghopur, Dist-Supaul ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar No. 2 , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 20-01-2025 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 . As per the prosecution case , 45 liters of Nepali made liquor was recovered from the courtyard of the house of the petitioner kept in two plastics sacks.
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 . 5 . Learned counsel for the State submits that the
Patna High Court CR. MISC. No.87761 of 2024(2) dt.20-01-2025 2/2 recovery has been made from the house of the petitioner, 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