Patna High CourtCR. MISC./11482/2025disposed

Om Prakash Yadav v. The State Of Bihar

2025-05-09Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11482 of 2025 Arising Out of PS. Case No.-329 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Om Prakash Yadav S/O Ram Bachan Yadav Resident of Village - Harnathpur P.S- Raghunathpur, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Excise Case No. CIII 329/2019 registered for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, total 345.600 liters of illicit liquor was recovered from the rooms of the petitioner and the co-accused person, namely, Om Prakash Yadav.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that the petitioners have no concern with the alleged recovery. Nothing has been recovered from the

Patna High Court CR. MISC. No.11482 of 2025(2) dt.09-05-2025 2/2 conscious possession of the petitioner. The petitioner have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners by submitting that the recovery has been made from the room of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the Court below concerned within six weeks from today and prays for regular bail and the learned Court below may consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

7. The application stands disposed of.

(Chandra Prakash Singh, J) ajay/- U T