Arun Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11532 of 2025 Arising Out of PS. Case No.-311 Year-2024 Thana- DHORAIYA District- Banka ====================================================== Arun Kumar Yadav Son of Jhaplu Yadav village- Tulsikitta, Po and PsPathargama, Dist- Godda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-02-2025 Heard Mr. Ashok Kumar Singh, learned counsel for the petitioner and Ms. Renu Kumari, learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Dhoraiya P.S. Case No. 311 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that 200 liters liquor was recovered from motorcycle.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with

Patna High Court CR. MISC. No.11532 of 2025(2) dt.21-02-2025 2/3 the alleged recovery. Nothing incriminating has been recovered from the possession of the petitioner. It is submitted that the name of the petitioner has transpired as being owner of the motorcycle in question and his motorcycle was stolen and he has given complaint in the police but police did not receive his complaint. The petitioner has no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail by this Court vide order dated 03.12.2024 passed in Cr. Misc. No. 81953 of 2024. 5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor

Patna High Court CR. MISC. No.11532 of 2025(2) dt.21-02-2025 3/3 court in connection with Dhoraiya P.S. Case No. 311 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T