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2025 DAILYLAW 70495 (PAT)

Anil Yadav @ Anil Kumar Yadav v. The State of Bihar

CR. MISC./58497/2025 · 2025-09-22

Sunil Dutta Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58497 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- BITHAN District- Samastipur ====================================================== 1. Anil Yadav @ Anil Kumar Yadav, S/O Late Suraj Yadav @ Late Sujay Yadav Resident of Village- Sihma, P.S.- Bithan, Dist.-Samastipur. 2. Mamta Devi, W/O Anil Yadav @ Anil Kumar Yadav, Resident of Village- Sihma, P.S.- Bithan, Dist.-Samastipur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarbottam Kumar Sarkar, Advocate For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 2 22-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in connection with Bithan P.S. Case No. 59 of 2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, there is recovery of 60 litre country made liquor and three gas cylinders from the house of the petitioners. Petitioners managed to flee away from the spot. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case on the basis of suspicion. The Khaprail house from where Patna High Court CR. MISC. No.58497 of 2025(2) dt.22-09-2025 2/2 recovery has been made neither belongs to the petitioner nor the same is residential premises of the petitioners. Petitioners' house is situated approximately 400 meters away from the place of occurrence. Petitioners were neither present on the spot nor they have any concern with the seized liquor. Petitioners have no criminal antecedent. They undertake to co-operate in the investigation and trial. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 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, above-named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise 1st, Samastipur in connection with Bithan P.S. Case No. 59 of 2025, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. rakhi (Sunil Dutta Mishra, J.) U T