Mukesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10421 of 2025 Arising Out of PS. Case No.-320 Year-2024 Thana- DURAULI District- Siwan ====================================================== Mukesh Kumar Yadav S/o- Gautam Yadav Resident Of Village- Bhaisakhal, Ps- M H Nagar, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 08-05-2025

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

2. The petitioner apprehends his arrest in connection with Darauli P.S. Case no.320 of 2024 registered under Sections 30(a) and 41(i) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, 468 liters of country made liquor was recovered from a Scorpio bearing Registration No. UP16AJ6699 and one Bullet motorcycle was also seized from the place of occurrence.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The petitioner is not named in the F.I.R and cause of his false implication is only for the reason that he happens to be the registered owner of

Patna High Court CR. MISC. No.10421 of 2025(3) dt.08-05-2025 2/3 the seized motorcycle. No recovery has been made either from the physical or conscious possession of the petitioner or from his seized motorcycle. Learned counsel for the petitioner further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.S.S. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

6. The application for anticipatory bail is opposed by learned A.P.P. for the State.

7. In view of the facts of the case that the petitioner has no criminal antecedent as also no recovery has been made from physical or conscious possession from him, 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 Darauli P.S. Case no.320 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 Court No.1, Siwan, 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 and subject to further condition that the learned Court below would however,

Patna High Court CR. MISC. No.10421 of 2025(3) dt.08-05-2025 3/3 verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) Harsh/- U T