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2025 DAILYLAW 89267 (PAT)

Fantush Kumar v. The State of Bihar

CR. MISC./89633/2024 · 2025-01-21

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89633 of 2024 Arising Out of PS. Case No.-170 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Fantush Kumar Son of Late Dilip Yadav @ Late Laldipan Yadav Resident Of Village- Loharpura Ps -Nawada Kadirganj District- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 21-01-2025 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)/(c) of the Bihar Excise Act. 3. As per the prosecution case, 600 Kg fermented Jawa Mahua and 70 liters illicit liquor were recovered from the hut 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 village politics. Nothing has been recovered from the conscious possession of the petitioner. Petitioner claims clean antecedent. 5. Learned A.P.P. for the State opposed and submits that Patna High Court CR. MISC. No.89633 of 2024(2) dt.21-01-2025 2/2 huge quantity of illicit liquor was recovered from the house of the petitioner. 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