Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22056 of 2025 Arising Out of PS. Case No.-299 Year-2015 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Ashok Yadav S/o Dayanand Yadav R/o Village- Sonpura Barosar, P.S.- Meskaur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 47(a)(f) of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list, would go to show that 60 liters of country made liquor and 900kg of Jawa Mahua was recovered from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner and the recovery has been made from the house which is a joint family property. Further, it

Patna High Court CR. MISC. No.22056 of 2025(3) dt.24-06-2025 2/3 has also been submitted that the summons in the case has been received by the petitioner as late as on 01.12.2024 whereafter he approached the Court for grant of anticipatory bail. The mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list. The petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail.

6. Taking into consideration the fact and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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 the learned court below where the case is pending/successor court in connection with G.O. Case No. 299 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., subject to the further conditions: (i) The petitioner shall cooperate in the investigation/trial.

(ii) One of the bailors will be a family member/close relative.

Patna High Court CR. MISC. No.22056 of 2025(3) dt.24-06-2025 3/3 (iii) The petitioner would appear before the Investigating Officer of the concerned police station at an interval of every 15 days till the charge-sheet in this case is submitted.

(Soni Shrivastava, J) devendra/- U T