Karu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7458 of 2025 Arising Out of PS. Case No.-1210 Year-2024 Thana- NAWADA District- Nawada ====================================================== Karu Yadav S/O Madan Yadav Village- Moti Bigha, P.S.- Town Thana, District- Nawada ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-03-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Nawada Town Police Station Case No. 1210 of 2024, dated 15.10.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, for verification of information that the petitioner is manufacturing and selling liquor, reached the place of occurrence and on seeing the police, one person came out of the house and taking advantage of the darkness, succeeded in fleeing away. The name of the petitioner was disclosed by the local person as the person who fled away. On search, the police recovered 05 litres of illicit liquor kept in the room used for keeping cow

Patna High Court CR. MISC. No.7458 of 2025(2) dt.24-03-2025 2/3 dung cake.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the local person. He further submits that room for keeping cow dung cake is situated outside his house, which is in abandoned condition and can be accessible to all. He further submits that the petitioner has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has got no criminal antecedent and small quantity of illicit liquor has been recovered from the room used for keeping cow dung cake, which is in abandoned condition, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. 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 Exclusive Special Excise

Patna High Court CR. MISC. No.7458 of 2025(2) dt.24-03-2025 3/3 Court No. I, Nawada, in connection with Nawada Town Excise Police Station Case No. 192 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √