Dependra Yadav @ Depandra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14872 of 2025 Arising Out of PS. Case No.-350 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== 1.

Dependra Yadav @ Depandra Kumar Yadav Devchandra Yadav, Resident of Village- Kuadh, PS- Jay Nagar, District-Madhubani 2.

Raju Kumar Yadav S/o- Devchandra Yadav, Resident of Village- Kuadh, PSJay Nagar, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-04-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Jaynagar P.S. Case No. 350 of 2024 corresponding to G.R. No. 1705 of 2024 for the offence registered under Sections 274, 275, 317(5), 3(5) of the IPC and Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 51.075 litres of Nepali country made liquor was recovered from three motorcycles standing near the house of the petitioners.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that petitioners are neither the owner nor the driver of any of the three motorcycles. They have no concern

Patna High Court CR. MISC. No.14872 of 2025(2) dt.02-04-2025 2/2 with the seized liquor or motorcycles. Petitioners were not present at the place of occurrence and except suspicion there is no material against the petitioners. Alleged recovery is made from outside the house of the petitioners which is accessible to public. Petitioner no. 2 has no criminal antecedent whereas, petitioner no. 1 has two criminal antecedent. Petitioners undertake to cooperate in the investigation of this case.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Jaynagar P.S. Case No. 350 of 2024, subject to the conditions as laid down under Section 482

(2) of the B.N.S.S.

(Sunil Dutta Mishra, J) khushbu/- U T