IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3136 of 2025 Arising Out of PS. Case No.-291 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Vinod Yadav S/o Nagendra Yadav R/o vill - Yogia Simratol, P.S. - Ladaniya, Distt.- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Pandey, Adv. For the State : Mr. Nitya Nand Tiwary, APP. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 5 15-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 274, 275, 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act. 3. The recovery of total 1502.64 litres of illicit liquor has been shown from a Magic van. 4. Learned counsel for the petitioner submits that the allegation levelled against the petitioner is not correct and no recovery was made from his physical and conscious possession. His name has surfaced in the present case on the basis of the confessional statement of the apprehended co- accused Lalan Kumar Yadav before police and besides the said Patna High Court CR. MISC. No.3136 of 2025(5) dt.15-05-2025 2/3 fact, there is nothing else to connect him to the present offence. The further submission is that the process of search and seizure also amounts to violation of the mandatory provisions as there is no independent witness to the said seizure. It is next submitted that petitioner will neither abscond nor tamper with the evidence rather will cooperate in the investigation. 5. Learned APP for the State opposes the prayer for anticipatory bail on the ground that petitioner has six criminal antecedents out of which three are of similar nature that of the present case. In response to the same, learned counsel for the petitioner submits that the petitioner is on bail in all six cases mentioned in para 3 of the bail application. 6. Considering the fact that there is no recovery from physical and conscious possession of the petitioner and also that there is no independent witness to the said seizure/search, I am inclined to grant the privilege of anticipatory bail to the petitioner. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum- Special Judge, Excise, Madhubani in connection with Jaynagar Patna High Court CR. MISC. No.3136 of 2025(5) dt.15-05-2025 3/3 P.S. Case No.291 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C/ 482 (2) of the BNSS, 2023 and subject to the further conditions that i) One of the bailors will be family members or own close relatives of the petitioner who will give an affidavit of genealogy as to how he is related to the petitioner. ii) The petitioner shall co-operate in the trial and also in the process of investigation and he would make available himself at an interval of fifteen days before the Investigating Officer of the concerned police station till the submission of chargesheet. iii) The learned Court below would verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. divyanshi/- (Soni Shrivastava, J) U T