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Patna High CourtCR. MISC./26987/2025bail granted

Nitish Yadav @ Nitish Kr Yadav v. The State Of Bihar

2025-05-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26988 of 2025 Arising Out of PS. Case No.-364 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== 1.

Mantosh Kumar S/O Ganeshi Mahto @ Ganeshi Mahton R/O VillageGaura, Ward no. 12, P.S.- Teghra, District- Begusarai 2.

Sudhir Kumar @ Vikash Kumar S/O Ganeshi Mahto @ Ganeshi Mahton R/O Village- Gaura, Ward no. 12, P.S.- Teghra, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 48.750 litres illicit liquor was recovered from mango orchard.

4. Learned counsel for the petitioners submits that no incriminating material has been recovered from conscious possession of these petitioners and they are not concerned with the alleged recovery. The mango orchard in question does not belong to the petitioners and they have been made accused only

Patna High Court CR. MISC. No.26988 of 2025(2) dt.06-05-2025 2/2 on suspicion. Recovery has been made from an open place, accessible to one and all. Petitioners claim clean criminal antecedent.

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

6. Considering the nature of accusation, place of recovery and clean antecedent, 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 Exclusive Special Excise-I, Begusarai in connection with Teghra P. S. Case No. 364 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T