Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.90128 of 2024 Arising Out of PS. Case No.-415 Year-2024 Thana- BHAGWAN BAZAR District- Saran ======================================================
1. Putul Devi W/O Late Vikram Rai R/O Village- Chhota Brahampur, P.S- Bhagwan Bazar, Distt.- Saran at Chapra (Bihar).
2. Partosh Rai @ Pratesh Rai @ Pradeep Rai S/O Late Vikram Rai R/O Village- Chhota Brahampur, P.S- Bhagwan Bazar, Distt.- Saran at Chapra (Bihar). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 06-02-2025 Heard learned counsel for the petitioners and learned counsel for the State.
2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Excise Act.
3. As per the prosecution case, 75 liters illicit liquor was recovered from the house of the petitioners.
4. Learned counsel appearing for the petitioners submits petitioners are innocent and have falsely been implicated in the present case. Nothing has been recovered from the conscious possession of the petitioners. The alleged recovery has been made from the from the joint dwelling house of the petitioners.
5. Learned A.P.P. for the State opposed and submits that
Patna High Court CR. MISC. No.90128 of 2024(2) dt.06-02-2025 2/2 huge quantity of illicit liquor was recovered from the house of the petitioners. Petitioner no. 1 has got one criminal antecedent and petitioner no. 2 has got four criminal antecedents. He further submits that this application for grant of anticipatory bail to the petitioners 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 petitioners is rejected.
utkarsh/- (Prabhat Kumar Singh, J) U T