IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41414 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Bhirgunath Yadav S/o Muninath Yadav @ Munilal Yadav R/o Village- Umarpur, P.S.- Buxar (Ind.), Dist.- Buxar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dr.Kamal Deo Sharma, Advocate For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 2 16-07-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Buxar Industrial P.S. Case No. 123 of 2025 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the allegation, total 168.6litres of foreign liquor has been recovered near the bush of Ganga River, which is the subject matter of the present case. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence, the aforesaid case lodged against him is totally false and concocted. Petitioner is not arrested on the place of Patna High Court CR. MISC. No.41414 of 2025(2) dt.16-07-2025 2/3 occurrence and he has no knowledge about the said occurrence and petitioner has falsely been made accused in this case by the local police. Learned counsel further submits that no recovery has been made from the possession of the petitioner and alleged recovery of beer and foreign liquor about 168.6 litres from the bushes near Ganga River, proper procedure of search and seizure has also not been followed by the police in this present case. 5. Learned APP opposes the prayer for bail. 6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail. 7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Special, Excise Court No. 1, Buxar, in connection with Buxar Industrial P.S. Case No. 123 of 2025 subject to the conditions as laid down under Section 482 of B.N.S.S., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner. Patna High Court CR. MISC. No.41414 of 2025(2) dt.16-07-2025 3/3 (ii) if the petitioner tampers with the evidence or threatens the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bonds may be cancelled by the learned trial Court. Ankit Kumar/- (S. B. Pd. Singh, J) U T