IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87867 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- SRINAGAR District- West Champaran ====================================================== 1. Angad Yadav @ Angad Kumar Yadav Son of Late Kishori Yadav Village -Ranha Surajpur Police station -Shrinagar District -west Champaran 2. Vipin Yadav son of Yadunandan Yadav village- Singahi Masan Dhab, Ps- Shrinagar, Dist- West Champaran, At P/A- village- bhagwanpur, Ps- Nadi, Dist- West champaran 3. Rajesh Yadav @ Rajesh Kumar Yadav Son of Yadunandan Yadav village- Singahi Masan Dhab, Ps- Shrinagar, Dist- West Champaran, At P/A- village- bhagwanpur, Ps- Nadi, Dist- West champaran village- Garhia Pathak, Ps- Tarya Sujan, dist- Kushinagar Up 4. Chintu Yadav son of Late Kishori Yadav village- Ranha Surajpur, ps- Shringar, Dist- West champaran ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Bashishtha Narayan Mishra, Advocate Mr. Brij Kishor Mishra, Advocate Mr. Sachida Nand Rai, Advocate For the State : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 2 08-01-2025 Heard Ld. counsel for the Petitioners and Ld. APP for the State. 2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Srinagar PS. Case No.-153 of 2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 3. As per allegation, 96.12 liters of illicit liquor has Patna High Court CR. MISC. No.87867 of 2024(2) dt.08-01-2025 2/3 been recovered from the cluster of bamboo and sugarcane field and as per further allegation, the illicit liquor was abandoned by the petitioner, who fled away seeing the police. 4. Ld. counsel for the petitioners submit that the Petitioners are innocent and have falsely and implicated in this case. He further submits that the recovery has been made from open space and the petitioner is no way connected with the alleged offence and no prima facie case is made out against the petitioner. 5. It is also stated in paragraph no. 2 of the petition that no similar petition has earlier been filed by the petitioners either before this Court or before the Hon'ble Apex Court. 6. It has further been stated in paragraph no.3 of the petition that the petitioner no. 4 has been made accused in one other case in which he is on bail, whereas the petitioner nos. 1-3 have no criminal antecedents. 7. Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail. 8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners, above named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the Patna High Court CR. MISC. No.87867 of 2024(2) dt.08-01-2025 3/3 date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Ld. Exclusive Special Judge, Excise-II, Bettiah, District- West Champaran, in connection with Srinagar PS. Case No.-153 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioners. Chandan/- (Jitendra Kumar, J.) U T