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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57566 of 2025 Arising Out of PS. Case No.-214 Year-2025 Thana- KOTWA District- East Champaran ======================================================
1. Dhananjay yadav Son of Chandeshwar yadav Resident of village- Jagir Karariya, Ps- Kotwa, Dist- East Champaran
2. Babaloo yadav son of Gulab Yadav Resident of village- Jagir Karariya, Ps- Kotwa, Dist- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harsh Shaswat, Adv For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 09-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered under Sections 30(a), 32, 41(1) of Bihar Prohibition & Excise Act.
3. As per the prosecution case, 129.600 litres of illicit foreign liquor was recovered from the Bathan of the co-accused, Raj Kumar Yadav. The petitioners fled away from the place of occurrence.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners have been disclosed by the local Chaukidar. Further submission is that petitioners were not present on the spot and they have no concern with the illicit
Patna High Court CR. MISC. No.57566 of 2025(2) dt.09-09-2025 2/2 seized liquor. He further submits that the alleged recovery is from the open place which is accessible to public at large. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no antecedent. Petitioners undertake to cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Court No.-1, Motihari, East Champaran, in connection with Kotwa P.S. Case No. 214 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.
krishnakant/- (Sunil Dutta Mishra, J) U T