Patna High CourtCR. MISC./21151/2025bail granted

Mantu Yadav v. The State Of Bihar

2025-04-23Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21151 of 2025 Arising Out of PS. Case No.-854 Year-2019 Thana- FATUA District- Patna ====================================================== 1.

Mantu Yadav S/o- Sri Ram Balak Yadav R/o- Baruna Ps- Fatuha Dist- Patna 2.

Kamaldev Paswan S/o- Sri Bishun Paswan R/o- Baruna Ps- Fatuha DistPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhimanyu Deo, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-04-2025 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend arrest in connection with Fatuha P.S. Case No. 854/2019, registered on 05.12.2019, for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution, a total of 50 litres of country-made liquor was recovered, which is the subject matter of the present case.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. It is contended that the alleged illicit liquor was not recovered from

Patna High Court CR. MISC. No.21151 of 2025(2) dt.23-04-2025 2/2 the possession of the petitioners, and hence, the essential ingredients of the offence under the Excise Act are not made out. It is further submitted that petitioner no.1 is involved in one more criminal case, which is unrelated to excise, whereas petitioner no.2 has no criminal antecedents.

5. The learned Additional Public Prosecutor for the State opposes the petitioners' prayer for bail.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise, Patnacity, in connection with Fatuha P.S. Case No. 854/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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