IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66005 of 2025 Arising Out of PS. Case No.-105 Year-2025 Thana- JHANJHARPUR District- Madhubani ====================================================== Durgesh Kumar @ Durgesh Kumar Yadav S/o- Maheshwar Prasad Yadav Village- Inarwa, PS- Phulparas, District- Madhubani ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mrs. Nitu Kumari, Advocate Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 24-09-2025 Heard learned counsel for the parties. 2. The petitioner apprehends his arrest in connection with Jhanjharpur Excise P.S. Case No. 105 of 2025 dated 21.06.2025 registered under Sections 30(a), 32(1), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Amendment Act, 2018. 3. As per the first information report, on a secret information, a police team recovered in total 970.20 liters of foreign liquor from a 22-wheeled Tata Motors Truck, bearing registration No. HR-69C-2393, parked near a peeple tree, camouflaged with coconut husk sacks in Phulparas Bathana Area, from which some persons attempted to flee, out of whom three persons were arrested and the contraband liquor and the Patna High Court CR. MISC. No.66005 of 2025(2) dt.24-09-2025 2/3 truck were seized. 4. Learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged and his name has surfaced in the case on the statement of co-accused Akhilesh Kumar Thakur, who was apprehended by the police on chase. It has been further submitted that the petitioner has no criminal antecedents and he has falsely been implicated in this case. The Illicit foreign liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner. 5. Without accepting the guilt, learned counsel for the petitioner proposes to deposit Rs.10,000/- in the welfare account of the Advocate Association of the Patna High Court. 6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner as also the fact that the petitioner has no criminal antecedents, I am inclined to grant anticipatory bail to the petitioner. 7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on Patna High Court CR. MISC. No.66005 of 2025(2) dt.24-09-2025 3/3 furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Act, Jhanjharpur, Madhubani, in connection with Jhanjharpur Excise P.S. Case No. 105 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023 and on production of the receipt showing deposit of Rs.10,000/- as proposed on behalf of the petitioner. Pawan/- (Ajit Kumar, J) U T