IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26145 of 2025 Arising Out of PS. Case No.-254 Year-2024 Thana- PANAPUR District- Saran ====================================================== Ramu Kumar Yadav S/O Ramdev Yadav @ Ramdev Ray R/O Village- Tothan Jagatpur, P.S- Panapur, District- Saran at Chapra- 841410. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jeetendra Narayan, Adv. For the Opposite Party/s : Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 05-05-2025 Heard the learned Advocate for the petitioner and the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Panapur P.S. Case No. 254 of 2024, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. 3. The allegation against the petitioner is of involved in trade of illicit wine. The police on a secret information raided the house of one Santosh Rai, however, noticing the police party one of the person, who was present there succeeded in fleeing away. In course of search, 18 liters of country made liquor in a jar was recovered behind the house of Santosh Rai. On the disclosure made by the villagers, the police also raided the newly constructed Primary School and from there also, 18 liters Patna High Court CR. MISC. No.26145 of 2025(2) dt.05-05-2025 2/3 of country made liquor was recovered in a 20 liters of jar. The nearby people disclosed the name of the petitioner indulged in the crime. 4. Learned Advocate for the petitioner contended that save and except the disclosure made by the villagers and nearby local people, there is no material suggesting the complicity of the petitioner in crime. In fact the reason behind the false implication of the petitioner is one of the criminal antecedent of identical nature, as has been disclosed in paragraph no. 3 of the bail application. It is admitted fact that nothing has been recovered from the constructive and conscious possession of the petitioner. Even during the course of investigation, no material has transpired against the petitioner, apart from the serious infirmities in the search and seizure. 5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the petitioner bears one criminal antecedent and his name has been disclosed by villagers. 6. Regard being had to the submissions made on behalf of the parties and considering the fact that the alleged recovery has been made from an open public place, which is easily accessible to all, coupled with the infirmities in the search Patna High Court CR. MISC. No.26145 of 2025(2) dt.05-05-2025 3/3 and seizure as also there is no material, which attract the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Panapur P.S. Case No. 254 of 2024, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. shivank/- (Harish Kumar, J) U T