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2025 DAILYLAW 90099 (PAT)

Shiv Shankar Prasad v. The State of Bihar

CR. MISC./1684/2025 · 2025-02-11

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1684 of 2025 Arising Out of PS. Case No.-386 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Shiv Shankar Prasad Son of Ram Chandra Prasad R/O-Village-Mi Ashthan Ghorasahan , P.S-Ghorasahan , District-East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Shankar Shrivastava, Advocate Ms. Nisha Verma, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 11-02-2025 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, 46.50 liters illicit liquor was recovered from the shop of this 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. Petitioner has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioner. 5. Learned A.P.P. for the State opposed and submits that 46.50 liters illicit liquor was recovered from the shop of this Patna High Court CR. MISC. No.1684 of 2025(2) dt.11-02-2025 2/2 petitioner and petitioner has got one criminal antecedent of similar 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