Devendra Prasad Yadav @ Devendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4505 of 2026 Arising Out of PS. Case No.-148 Year-2025 Thana- GARHI District- Jamui ====================================================== Devendra Prasad Yadav @ Devendra Kumar Yadav S/O Narayan Yadav R/O Village- Pachrukhi, P.S- Malaypur, Distt.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Ankita Kumari, Advocate For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Garhi P.S. Case No. 148 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 50 litres of liquor was recovered from motorcycle.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The petitioner is not named in the FIR. It is further submitted that the name of the petitioner has transpired as being the owner of the vehicle in question and has no knowledge regarding the

Patna High Court CR. MISC. No.4505 of 2026(2) dt.30-01-2026 2/2 goods loaded in the vehicle. Petitioner has no concern with the alleged recovery. The other co-accused person has already been granted bail by this court vide order dated 19.11.2025 passed in Cr. Misc. No.78078/2025. Learned counsel, therefore, submitted that prima-facie, no case is made out against the petitioner. The petitioner has one criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Garhi P.S. Case No. 148 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) atul/- U T