Kari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20401 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- RAHIKA District- Madhubani ====================================================== 1.

Kari Yadav S/o- Ghuran Yadav R/o village - Rahika petrol pump , P.s.- Rahika , District - Madhubani 2.

Ram Babu Yadav @ Ram Bahadur Yadav S/o- Ghuran Yadav R/o village - Rahika petrol pump , P.s.- Rahika , District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-04-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 329(3), 274, 275, 3(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 475.73 litres illicit liquor was recovered from the shop situated in Udyog Bhawan.

4. Learned counsel for the petitioners submits that no incriminating material has been recovered from conscious possession of these petitioners. Shop in question does not belong to these petitioners and they have been made accused

Patna High Court CR. MISC. No.20401 of 2025(2) dt.22-04-2025 2/2 only on the basis of identification made by local chaukidar. Petitioner No. 1 has got two criminal antecedents out of which one is of similar nature and he is on bail in both the case. Petitioner No. 2 claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and fact that petitioners are not owners of the shop in question, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 Additional District & Sessions Judge II cum Special Judge, Excise Act, Madhubani in connection with Rahika P. S. Case No. 21 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T