Chulu Yadav @ Chunnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23669 of 2026 Arising Out of PS. Case No.-467 Year-2025 Thana- ARA NAGAR District- Bhojpur ====================================================== Chulu Yadav @ Chunnu Kumar S/O Shivnath Yadav @ Siddnath Yadav Resident of Village- Begampur, PS.- Ara Nagar, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ara Town P.S. Case No. 467 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that altogether 60 liters of illicit liquor was recovered from the possession of apprehended co-accused persons, namely, Butan Yadav and Raja Yadav. They disclosed the name of this petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.23669 of 2026(2) dt.08-05-2026 2/3 committed no offence. He has falsely been implicated in this case. He was not apprehended on the spot rather his name has transpired on the basis of disclosure made by apprehended coaccused persons. Recovery has been made from the possession of co-accused persons. Nothing has been recovered from the possession of this petitioner. There is no independent witness of the seizure list rather they are police personnel. Police has not complied Section 105 of BNSS while preparing the seizure list. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Ara Town P.S. Case No. 467 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise Court No. 1, Bhojpur at Ara subject to the

Patna High Court CR. MISC. No.23669 of 2026(2) dt.08-05-2026 3/3 conditions as laid down under section 482(2) of B.N.S.S. (Ashok Kumar Pandey, J) lata/- U T