Timil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11423 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- Krishnabraham District- Buxar ====================================================== Timil Yadav Son Of Ramnath Yadav Resident Of Village- Chhatanwar P.S -Krishnabrahm District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-03-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Krishnabraham P.S. Case no. 45 of 2024, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, the informant states that on secret information having been received about three persons standing near the bridge and carrying some goods in a sack, a raid was conducted. It was stated that seeing the police personnel the accused made an attempt to escape. One of them namely Mantu Kumar was arrested and on enquiry he disclosed the name of the other two who had managed to escape, which included the petitioner herein. It is further stated that on search 8.64 litres of liquor was recovered from the accused who was arrested.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.11423 of 2025(2) dt.22-03-2025 2/2 neither the petitioner was arrested at the spot nor any incriminating article recovered from his possession. The only material against him is the statement of a co-accused made before police. The reason of his false implication is his antecedent. He undertakes to cooperate in the case/trial.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the F.I.R, the petitioner not having been arrested at the spot nor any incriminating article having been recovered from his possession, 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 Krishnabraham P.S. Case no. 45 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 Special Exclusive Special Judge, Court no-2 at Buxar. (Partha Sarthy, J) Shiv/- U T