Anup Kumar @ Anup Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32696 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Anup Kumar @ Anup Yadav S/o Naresh Yadav R/o Village- Barwa, P.S.- Rajouli, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Nawada Excise Case No. 62 of 2025, instituted under Sections 30(a) and 47 of Bihar Prohibition & Excise Act.

3. As per the prosecution case, 540 litres country made liquor has been recovered from three motorcycles and it is alleged that the petitioner fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. Nothing has been recovered from the possession of the petitioner. Recovery of the illicit liquor has been made from three motorcycles. Petitioner has no concern with the said motorcycles and the seized liquor.

Patna High Court CR. MISC. No.32696 of 2025(2) dt.19-05-2025 2/2 Petitioner is neither driver nor the owner of the seized motorcycle in question. Petitioner has one criminal antecedent, which does not belong to Excise Act, in which he is on bail. Petitioner undertakes to co-operate in the investigation and trial.

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

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, Excise-2, Nawada in connection with Nawada Excise P.S. Case No. 62 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.) rakhi/- U T