Babu Yadav @ Babu Kumar @ Babbu Kumar @ Babu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6254 of 2025 Arising Out of PS. Case No.-773 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Babu Yadav @ Babu Kumar @ Babbu Kumar @ Babu Kumar Yadav Son of Shambhu Yadav village- Sukhasan, Ps and Dist- saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 06-05-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Saharsa Sadar P.S. Case no.773 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, on seeing the police party, the accused managed to escape. On search, 225.225 liters of foreign liquor was recovered from a cartoon kept under bushes beside the Railway Track.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The name of the petitioner has surfaced in the case on account of disclosure made by a local person that the person who had fled away was the petitioner. There was no independent witness to the seizure

Patna High Court CR. MISC. No.6254 of 2025(3) dt.06-05-2025 2/2 list and no recovery has been made from the conscious possession of the petitioner or from his house. The field is an open space which is accessible to everyone. The petitioner undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that the petitioner has three criminal antecedents. In response, learned counsel for the petitioner submits that he is on bail in the said cases.

6. In view of the above facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Saharsa Sadar P.S. Case no.773 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Saharsa, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. (Soni Shrivastava, J) Harsh/- U T