Patna High CourtCR. MISC./13442/2025bail granted

Poshan Lal Yadav v. The State Of Bihar

2025-03-28Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13442 of 2025 Arising Out of PS. Case No.-1471 Year-2023 Thana- Excise P.S. District- Kishanganj ====================================================== Poshan Lal Yadav Son of Ramesh Lal Yadav Resident of Village - Belwa Govindpur, P.S. - Kishanganj, District - Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-03-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Madya Nisedh P.S. Case No. 1471 of 2023 giving rise to Special Case No.1514 of 2023 lodged on 23.10.2023, for the offence punishable under Sections 30(a) & 32(3) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, FIR has been lodged against three named accused persons other than the petitioner. Total recovery of 750 ml of illicit liquor has been made which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that petitioner is not named in the FIR. Counsel

Patna High Court CR. MISC. No.13442 of 2025(2) dt.28-03-2025 2/2 submits that nothing has been recovered from the conscious possession of the petitioner. Counsel further submits that petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. As such, considering the aforesaid facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of the Exclusive Special Judge Excise-II, Kishanganj, in connection with Madya Nisedh P.S. Case No. 1471 of 2023 giving rise to Special Case No.1514 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dr. Anshuman, J) Divyansh/- U T