Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9358 of 2025 Arising Out of PS. Case No.-32 Year-2024 Thana- Dhobaha District- Bhojpur ====================================================== Raj Kumar Yadav S/o Guptesher Yadav @ Gupteshwar Yadav Resident of Village- Behara, P.S.- Dhobaha, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-02-2025

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Dhobaha P.S. Case No. 32 of 2024 dated 12.05.2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act 2018.

3. The prosecution case as per the first information report is that the Police on secret information that one Jitendra Yadav is carrying illicit liquor on a motorcycle, proceeded towards the place of occurrence and saw one person coming on a black motorcycle and on seeing the police the person riding the motorcycle fled away leaving behind the motorcycle. The Police seized the motorcycle and recovered 20 liters of country made

Patna High Court CR. MISC. No.9358 of 2025(2) dt.12-02-2025 2/3 Mahua liquor from a sack kept on the motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case merely because he happens to be the owner of the motorcycle in question. He next submits that Jitendra Yadav, who is a friend of the petitioner had borrowed his motorcycle for some urgent work and the petitioner had no knowledge regarding illicit country made Mahua liquor being carried on his motorcycle. He further submits that the petitioner has got no criminal antecedent. He next submits that the co-accused / Jitendra Yadav has been granted anticipatory bail by this court in Cr. Misc. 54420 of 2024.

5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation, the fact that the petitioner has got no criminal antecedent and the co-accused has been granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.9358 of 2025(2) dt.12-02-2025 3/3 Exclusive Special Excise Court No. 1st Bhojpur at Ara in connection with Dobaha P.S. Case No. 32 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T