Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21161 of 2025 Arising Out of PS. Case No.-155 Year-2023 Thana- KHAGAUL District- Patna ====================================================== Subhash Yadav S/O Baijnath Yadav R/O Airport Raod, Hinoo Chowk, Next to Ganga Khatal, P.S- Doranda, Dist.- Ranchi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Anand, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-04-2025 Heard Learned Counsel for the petitioner and Learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Khagual P.S. Case No.155 of 2023, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution, the total recovery of 428.140 litres of illicit liquor have been alleged to be made from a car, which is the subject matter of the present case.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the alleged wine has not been recovered from conscious possession of the petitioner. He further submits that petitioner's name has figured in this case only due to the reason

Patna High Court CR. MISC. No.21161 of 2025(2) dt.23-04-2025 2/3 that the said vehicle is registered in his name. He further submits that the said car had been sold by the petitioner in the year 2022 to another person with non-judicial stamp paper. He further submits that petitioner was unaware about this fact that the he has been made accused. When notice of confiscation has been received by him, then he came to knowledge of this case. He further submits that he has taken precaution from his side that in the preparation of deed that whatsoever wrong done with the said vehicle, the purchaser shall be responsible.

5. Counsel further submits that criminal antecedent of the petitioner is clean.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is clean.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each with two sureties of the like amount each to the satisfaction of Special Exclusive Judge, Excise Act, Danapur/ concerned Court in connection with Khagual P.S. Case No.155 of 2023,

Patna High Court CR. MISC. No.21161 of 2025(2) dt.23-04-2025 3/3 subject to the following conditions as laid down under Section 438(2) of Cr.P.C.

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