Chandan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15158 of 2025 Arising Out of PS. Case No.-285 Year-2024 Thana- AANDAR District- Siwan ====================================================== Chandan Kumar Yadav Son of Achhelal Yadav @ Akshay Lal Yadav R/o Village - Sultanpur Dahabari, P.S.- Andar, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary For the Opposite Party/s :
Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-04-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Andar Police Station Case No. 285 of 2024, dated 09.11.2024, disclosing offences under Sections 30(a)/32 of the Bihar Prohibition and Excise Act.
3. The prosecution case, as per the First Information Report, is that, on 08.11.2024, during patrolling the police reached Teen Muhani, Sultanpur, and saw one motorcyclist and when signaled it to stop, the person riding the motorcycle started fleeing away and escaped. Upon search, the police recovered total 14.60 liters of country made illicit liquor from the motorcycle, bearing registration no. BR29-AL-2232.
Patna High Court CR. MISC. No.15158 of 2025(2) dt.09-04-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case only because he happens to be the registered owner of the said motorcycle. The petitioner was not present at the place of occurrence and nothing has been recovered from conscious possession of the petitioner. He next submits that the motorcycle, from where illicit liquor has been recovered, was borrowed by his friend, namely, Prem Soni, and the petitioner had no knowledge about illicit liquor being kept therein.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner happens to be the registered owner of the motorcycle, which was borrowed by his friend Prem Soni, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special
Patna High Court CR. MISC. No.15158 of 2025(2) dt.09-04-2025 3/3 Judge Excise, Court No. I, Siwan, in connection with Andar Police Station Case No. 285 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T