Dipendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12236 of 2025 Arising Out of PS. Case No.-235 Year-2024 Thana- KALUAHI District- Madhubani ====================================================== Dipendra Kumar Yadav Son of Deb Chandra Yadav R/O Vill- Kuadh Uttar, Ward No. 02, P.S.- Jaynagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Pallavi, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-03-2025 Heard Ms. Kumari Pallavi, learned counsel appearing on behalf of the petitioner and Mr. Raj Kishor Singh, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Kaluahi P.S. Case No. 235 of 2024 registered under Sections 274, 275 of the BNS and Section 30(a) and 47 of the Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, 166.5 liters of illicit liquors has been recovered from a car bearing registration no.BR32AS 7074.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He has no concern either with the seized liquor or trade of liquor in any manner. However, on the basis of tower location of his mobile, the

Patna High Court CR. MISC. No.12236 of 2025(2) dt.28-03-2025 2/2 petitioner has been made accused in the present case. On these grounds, the petitioner seeks to be released on bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. In the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge, Excise, Madhubani in connection with Kaluahi P.S. Case No. 235 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T