Shankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14890 of 2025 Arising Out of PS. Case No.-794 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Shankar Yadav Son of Late Kaali Yadav Resident Of Village - Govindpur, P.O.- Tungi, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Javed Jafar Khan For the Opposite Party/s :
Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-03-2025
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 Wazirganj Police Station Case No. 794 of 2024 disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, as per the First Information Report, is that the police got secret information that huge consignment of illicit liquor has been brought by four wheeler and has been kept near the water tank at Paharpur. On the basis of said information, the police proceeded towards the place of occurrence and seized 800 liters of country made mahua liquor. The petitioner, along with other accused, persons fled away, whose name came
Patna High Court CR. MISC. No.14890 of 2025(2) dt.05-03-2025 2/3 into light upon enquiry made by the local villagers.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to village politics at the instance of the local villagers. He next submits that illicit liquor has not been recovered from the conscious possession of the petitioner and/or premises belonging to him. Rather, the same has been recovered from near water tank of the village, which is open space accessible to all and sundry. He further submits that similarly situated co-accused person has been granted anticipatory bail by this Court in Cr. Misc. No. 90251 of 2024.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has not been recovered from the conscious possession of the petitioner, rather the same has been recovered from near water tank of the village, which is open space accessible to all and sundry and the similarly situated co-accused person has been granted anticipatory bail, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.14890 of 2025(2) dt.05-03-2025 3/3
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 Excise Court No. V, Gaya, in connection with Wazirganj Police Station Case No. 794 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