Yogendra Pasi @ Jogindra Pasi @ Yogindra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29862 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- KATEYA District- Gopalganj ====================================================== Yogendra Pasi @ Jogindra Pasi @ Yogindra S/o- Late Fagu Pasi @ Late Babulal Pasi Village- Sidharia Pasi Tola Ps- Kateya Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner is apprehending arrest in connection with Kateya P.S. Case No. 91 of 2025 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, on secret information that a person is there is trading illicit liquor at Jinababa Asthan in village Bhringichak, police reached at the spot. On seeing police, one person fled away from the place of occurrence. There is alleged recovery of 31.600 liters country made liquor from two bags. The chowkidar disclosed the name of the present petitioner who is said to have fled away from the place of occurrence.

Patna High Court CR. MISC. No.29862 of 2025(2) dt.14-05-2025 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the first information report and he has been falsely implicated in this case. He further submits that except disclosure of the chowkidar, there is nothing on record to connect the present petitioner with the alleged occurrence. It is further submitted that the place from where the alleged recovery has been made is an open place which is accessible to all and petitioner cannot be held liable for the alleged recovery. No incriminating article has been recovered from possession of the petitioner. Petitioner bears no criminal antecedent. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.29862 of 2025(2) dt.14-05-2025 3/3 furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge XIII-cum-Special Judge, Excise Court No. I, Gopalganj in connection with Kateya P.S. Case No. 91 of 2025, subject to the conditions as laid down under section 482(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Alok Kumar Pandey, J) mcverma/- U T