Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15789 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Kamlesh Yadav S/O Nirmal Yadav @ Vijay Yadav R/O Vill.- Masadh, P.S.- Udwant Nagar, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Udwantnagar P.S. Case No. 02 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 105 litres of country made liquor was recovered from the tubes. 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 the alleged recovery. Nothing incriminating has been

Patna High Court CR. MISC. No.15789 of 2025(2) dt.05-03-2025 2/3 recovered from the possession of the petitioner. It is submitted that recovery is made from an open place, which is accessible to one and all. It is further submtited that the name of the petitioner has transpired on the basis of secret information. 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 18.02.2025 passed in Cr. Misc. No. 8780 of 2025.

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 court in connection with Udwantnagar P.S. Case No. 02 of

Patna High Court CR. MISC. No.15789 of 2025(2) dt.05-03-2025 3/3 2025, 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