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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88961 of 2024 Arising Out of PS. Case No.-333 Year-2024 Thana- MADHUBANI TOWN District- Madhubani ====================================================== Faguni Mukhiya Son of Late Kalar Mukhiya Resident of Village - Katay, P.S. - Madhubani Town, District - Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 20-01-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Excise Act.
3. As per the prosecution case, 84.3 liters illicit liquor was recovered from the house of the petitioner.
4. Learned counsel appearing for the petitioner submits petitioner is innocent and has falsely been implicated in the present case due to dirty village politics. Nothing has been recovered from the conscious possession of the petitioner.
5. Learned A.P.P. for the State opposed and submits that 84.3 liters illicit liquor was recovered from the house of the petitioner. Petitioner has got one criminal antecedent of similar
Patna High Court CR. MISC. No.88961 of 2024(2) dt.20-01-2025 2/2 nature. He further submits that this application for grant of anticipatory bail to the petitioner 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 facts, anticipatory bail application of the petitioner is rejected.
utkarsh/- (Prabhat Kumar Singh, J) U T