Rambarat Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27718 of 2025 Arising Out of PS. Case No.-25 Year-2025 Thana- AGIAON District- Bhojpur ====================================================== Rambarat Yadav S/o Late Ramakant Yadav @ Ramakant Singh R/o VillageLasari, P.S.- Agiaon, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Agiaon P.S. Case No. 25 of 2025, registered for the offence punishable under Sections 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The case of the prosecution, in short, is that on secret information that the illegal wine was kept hidden in the house of Pintu Kumar. The informant along with police team reached the place of occurrence and recovered 780 liters of foreign liquor from the house of Pintu Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.27718 of 2025(2) dt.07-05-2025 2/3 present case. He further submits that the petitioner has been implicated only on the basis of statement made by Pintu Kumar. The petitioner has not arrested from the spot nor anything has been recovered from the conscious physical possession of the petitioner.

5. Learned A.P.P. for the State opposes the prayer of anticipatory bail.

6. Considering the fact that nothing has been recovered from the conscious physical possession of the petitioner and he has been implicated only on the basis of statement made by Pintu Kumar and also taking into account that the petitioner has three criminal antecedents, in which two are relating to offence under Excise Act and in all three cases, the petitioner is on bail. Under these circumstances, this Court is inclined to grant privilege of anticipatory bail to the petitioner.

7. Let the petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1st, Bhojpur, Ara in connection with Agiaon P.S. Case No. 25 of 2025, subject to the conditions laid down under

Patna High Court CR. MISC. No.27718 of 2025(2) dt.07-05-2025 3/3 section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Alok Kumar Sinha, J) kiran/- U T