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2025 DAILYLAW 89804 (PAT)

Sanjit Yadav v. The State of Bihar

CR. MISC./89411/2024 · 2025-04-19

Khatim Reza

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.89411 of 2024 Arising Out of PS. Case No.-122 Year-2024 Thana- DANDARI District- Begusarai ====================================================== Sanjit Yadav S/o- Sudhir Yadav Village- Meho W.No-1, Ps- Dandari Dist- Begusrai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bipin Kumar, Adv. For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 3 19-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends arrest in connection with Dandari PS Case No. 122 of 2024 dated 20-11-2024, instituted under Sections 30(a), 32(2), 41(1) and 41(2) of the Bihar Prohibition and Excise Act, 2018. 3.The allegation is of recovery of 180 litres of illicit foreign liquor from a pick-up van bearing registration number BR-03GB-8955, which was standing on the brick-soling road near the village Amrasha Tola. 4.Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case due to ulterior motives. It is submitted that nothing was recovered from the conscious possession of the petitioner. Patna High Court CR. MISC. No.89411 of 2024(3) dt.19-04-2025 2/2 The petitioner was not present at the place of occurrence. He has been made an accused in the present case only on the basis of the disclosure made by the lock chowkidar. The petitioner has no concern whatsoever with the said vehicle (pick-up van) from which the foreign liquor was recovered. It is further submitted that the petitioner has no criminal antecedents. 5. Learned APP has opposed the prayer for bail. 6.Having considered 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 petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-1, Begusarai in Dandari PS Case No. 122 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023. 7. The application stands allowed. shyambihari/- (Khatim Reza, J) U T