IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62281 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- MALAHI District- East Champaran ====================================================== Ashok Yadaw @ Ashok Yadav S/O Ghamandi Yadaw @ Ghamandi Yadav Resident of Village- Majhariya, P.S- Malahi, District- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Karandeep Kumar For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 24-09-2025 1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. This application for grant of anticipatory bail arises out of Malahi Police Station Case No. 76 of 2025, dated 26.02.2025, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 (hereinafter referred to as ‘the Act’). 3. The prosecution story, as per the First Information Report, is that on 26.02.2025, on secret information, the police reached at village Majhariya and intercepted two motorcycles, whose riders upon seeing the police party fled away leaving the motorcycle. Upon search, 5.04 liters and 10.620 liters of foreign liquor were recovered from the said motorcycles and on search of the hut of Patna High Court CR. MISC. No.62281 of 2025(2) dt.24-09-2025 2/3 Yogi Yadav, 8.640 liters of foreign liquor was recovered. It has further been alleged, on the way, a person threw a bag and fled away, from which 3.60 liters of foreign liquor was recovered, in total, 35.10 liters of foreign liquor was seized. The local chowkidar disclosed the name of person, who fled away, as Ashok Yadav i.e. the petitioner. 4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged. The petitioner has been made accused on the basis of disclosure of his name by the local chowkidar. He further submits that illicit liquor has not been recovered from conscious possession of the petitioner and/or vehicle belonging to him, rather, the same has been recovered from abandoned place near temple of Shayar Baba at Majhariya which is open space and is accessible to all and sundry. 5. Regards being had to the submission made by the parties and taking into consideration the fact that the name of the petitioner transpired on the basis of disclosure of local chowkidar and illicit liquor has been recovered from open space accessible to all and sundry, I am inclined to grant Patna High Court CR. MISC. No.62281 of 2025(2) dt.24-09-2025 3/3 the petitioner privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Court No. I, East Champaran, Motihari, in connection with Malahi Police Station Case No. 76 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. ashwani/- (Anil Kumar Sinha, J) U T