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2025 DAILYLAW 63282 (PAT)

Ramesh Yadav @ Bhuvan Yadav v. The State of Bihar

CR. MISC./51441/2025 · 2025-07-31

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51441 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- AZIMABAD District- Bhojpur ====================================================== Ramesh Yadav @ Bhuvan Yadav S/O Muneshwar Yadav @ Bhuneshwar Singh R/O Village-Kirkiri, PS- Azimabad,Distt- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shiv Prasad Gupta For the Opposite Party/s: Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 31-07-2025 Heard learned counsel appearing on behalf of the pe- titioner and learned A.P.P. appearing on behalf of the State. 2. The petitioner apprehends his arrest in a case regis- tered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. 3. As per prosecution case, 15.550 litres illicit liquor was recovered from a motorcycle. 4. It is submitted by learned counsel appearing on be- half of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recov- ered from conscious possession of this petitioner and he has falsely been implicated in this case on the statement of the ap- prehended co-accused. Petitioner is neither the owner nor the driver of the said motorcycle. Petitioner claims clean an- tecedents. Patna High Court CR. MISC. No.51441 of 2025(2) dt.31-07-2025 2/2 5. Learned A.P.P. for the State has vehemently op- posed the prayer for grant of anticipatory bail to the petitioner. 6. Considering the nature of accusation, fact that no incriminating article has been recovered from conscious posses- sion of this petitioner and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named peti- tioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusvie Special Excise Court No.1, Bhojpur at Ara in connection with Azimabad P.S. Case No. 39 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S. shikha/- (Prabhat Kumar Singh, J) U T