Doma Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7131 of 2025 Arising Out of PS. Case No.-165 Year-2024 Thana- SRINAGAR District- West Champaran ====================================================== Doma Yadav S/O Jailal Yadav Resident of village- Mangalpur Gudra Tola, P.S.- Srinagar, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niraj Kumar Sharma, Advocate For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-02-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Srinagar P.S. Case No. 165 of 2024, registered on 21.11.2024 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution, total recovery of 18 liters country made liquor, loaded on a motorcycle, is the subject matter of the present case.

4. It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has committed no offence. In fact, the petitioner's name was provided by the local Chaukidar based solely on suspicion, and there is no evidence against the petitioner other than this suspicion. The petitioner

Patna High Court CR. MISC. No.7131 of 2025(2) dt.19-02-2025 2/2 has a clean criminal antecedent. Moreover, the petitioner is not the owner of the alleged motorcycle from which the recovery was made.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Exclusive Special Judge, Excise-II, Bettiah, West Champaran, in connection with Srinagar P.S. Case No. 165 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Ashwini/- U T