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2025 DAILYLAW 87490 (PAT)

Subhash Yadav @ Suvash Yadav v. The State of Bihar

CR. MISC./87356/2024 · 2025-01-21

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.87356 of 2024 Arising Out of PS. Case No.-116 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Subhash Yadav @ Suvash Yadav S/o- Mohan Rai Resident of village- Banpuarua Ps- Kesariya District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 21-01-2025 1. Heard learned Counsel for the petitioner and learned APP for the State. 2. This application, for grant of anticipatory bail, arises out of Kesariya P.S. Case No. 116 of 2023, disclosing offences punishable under Section 272, 273, 34 of the Indian Penal code and 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act. 3. As per the First Information Report, police received information that the petitioner alongwith co-accused persons, named in FIR, were involved in illegal manufacturing and sell of illicit liquor in front of the house of Bachchalal Sahni, proceeded towards place of occurrence. Upon seeing police party, accused persons fled away. 35 liters of country made liquor kept in a drum and also 08 drums containing about 1600 liter semi processed mixture of liquor recovered from the place of occurrence. The persons who fled away were identified by Patna High Court CR. MISC. No.87356 of 2024(2) dt.21-01-2025 2/2 the local people and chowkidar. 4. Learned Counsel for the petitioner submits that petitioner has been made accused on the basis of disclosure by the local people and chowkidar. The illicit liquor has not been recovered from the premises belonging to the petitioner but it has been recovered from an open place situated in front of the house of the co-accused. 5. Regard being had to the submissions made on behalf of the parties and from the perusal of the impugned order it appears that the police got the information that the petitioner alongwith others were involved in manufacturing of illicit liquor and in the process police recovered a huge quantity of semi processed mixture of liquor of about 1600 liters and also 35 liters of country made liquor from the place of occurrence and the petitioner is having criminal antecedent of two cases of similar nature and he was involved in manufacturing and sell of illicit liquor as identified by the local people, I am not inclined to exercise my discretion for grant of anticipatory bail. 6. This application is, accordingly, dismissed. Suruchi/- (Anil Kumar Sinha, J) U T