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2025 DAILYLAW 98474 (PAT)

Deepu Yadav v. The State of Bihar

CR. MISC./61575/2025 · 2025-09-23

Alok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 61575 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- RASULPUR District- Saran ====================================================== Deepu Yadav S/o Late Gautam Yadav R/o Village- Bansi Chapra, P.S.- Rasulpur, District- Saran ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bishwajeet Singh For the Opposite Party/s : Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Rasulpur P.S. Case No. 124 of 2025 registered for the offences punishable under Section 30 (a) of Bihar Prohibition and Excise Act, 2016. 3. As per prosecution case, 42. 78 litre illicit liquor was recovered from the back side of the house of the petitioner and local people and chowkidar disclosed the name of the petitioner who fled away from the place of occurrence. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. The place of recovery is an open place which is accessible to all and petitioner cannot be held liable for the alleged recovery. The petitioner has been Patna High Court CR. MISC. No. 61575 of 2025(2) dt.23-09-2025 2/2 falsely implicated in the present case by local chowkidar who is on inimical term with petitioner. Seizure list has not been prepared as per law. Learned counsel submits that petitioner bears no criminal antecedent. Nothing has been recovered from the conscious possession of the petitioner. In the light of aforesaid facts and circumstances, no offence is made out against the petitioner. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner. 6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra in connection with Rasulpur P.S. Case No. 124 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. vashudha/- (Alok Kumar Pandey, J) U T