IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35484 of 2025 Arising Out of PS. Case No.-195 Year-2024 Thana- KARAKAT District- Rohtas ====================================================== SRI BHAGWAN YADAV @ SRI BHAGWAN SINGH S/O SURAJ YADAV @ SURESH SINGH Resident of Village- Baradih, Bathan, Police Station- Karakat, District- Rohtas at Sasaram ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raghunandan Kumar Singh, Adv. For the Opposite Party/s : Mr.Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 28-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. Petitioner is apprehending arrest in connection with Karakat P.S. Case No. 195 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018/2022. 3. As per prosecution case, there is alleged recovery of 30 liters illicit country made liquor in the bamboo clump of Nand Shah in village Baradih Bathan. the Two persons are alleged to have fled away from the place of occurrence. The local chowkidar disclosed the name of the petitioner and another, who are said to have fled away from the place of occurrence. Patna High Court CR. MISC. No.35484 of 2025(2) dt.28-05-2025 2/3 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the first information report and he has been falsely implicated in this case. Petitioner was not found at the place of occurrence. Petitioner is not in any way connected with the alleged place of occurrence. Except disclosure of local chowkidar, there is nothing on record to connect the present petitioner with the alleged occurrence. No incriminating article has been recovered from possession of the petitioner. The seizure list has not been made as per law. Petitioner bears criminal antecedent of one case in which he is already on bail. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- Patna High Court CR. MISC. No.35484 of 2025(2) dt.28-05-2025 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Court No. 1, Rohtas at Sasaram in connection with Karakat P.S. Case No. 195 of 2024, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. 7. The application stands allowed. mcverma/- (Alok Kumar Pandey, J) U T