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Patna High CourtCR. MISC./32712/2025allowed

Sanjay Yadav @ Sanjay Kumar Yadav v. The State Of Bihar

2025-05-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32712 of 2025 Arising Out of PS. Case No.-473 Year-2023 Thana- JAYNAGAR District- Madhubani ====================================================== Sanjay Yadav @ Sanjay Kumar Yadav S/o Achchelal Yadav R/o - Kamlawari Ward No.11, P.S - Jaynagar, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

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

2. The petitioner apprehends his arrest in connection with Jaynagar P.S. Case No. 473 of 2023 (GR No. 1721/2023) for the offence registered under Sections 272, 273/34 of the IPC and Section 30 (a) of the Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, total 6 litres of illicit Nepali Sofi wine was recovered behind the shop of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner was not present on the spot and nothing has been recovered from inside the shop of the

Patna High Court CR. MISC. No.32712 of 2025(2) dt.19-05-2025 2/2 petitioner. Recovery of the seized liquor is from the open place. Petitioner has one criminal antecedent in which he is on bail. He undertakes to cooperate in the investigation and trial of this case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Jaynagar P.S. Case No. 473 of 2023, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Sunil Dutta Mishra, J) khushbu/- U T