Kamaldev Yadav @ Kamlesh Yadav @ Kamaldev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32822 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- RAGHUNATHPUR District- Siwan ====================================================== Kamaldev Yadav @ Kamlesh Yadav @ Kamaldev S/o Late Mungeshwar Yadav R/O Village- Bhagar, P.S- Siswan, Distt.- Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar Tiwary, Advocate.

:

Mr. Ashok Kumar, Advocate.

For the Opposite Party/s :

Mr. Rana Randhir Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Raghunathpur P.S. Case No.59 of 2025 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 169.020 liters of foreign liquor near the Mashan Baba Chabutra in village Gabhirar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that on the disclosure statement of the apprehended co-accused Brajesh Chauhan, the name of the petitioner has been transpired in this case. Learned counsel

Patna High Court CR. MISC. No.32822 of 2025(2) dt.20-05-2025 2/3 submits that the petitioner has no concern with the apprehended co-accused and nothing has been found from the conscious possession of the petitioner. He further submits that the place of recovery is a public place, which does not belong to the petitioner. He also submits that seizure list has not been prepared properly and the same is doubtful. Learned counsel submits that except the disclosure statement of co-accused that the petitioner has fled away from the place of occurrence, there is no material against him. He further submits that petitioner has one criminal antecedent, in which, he is on bail and he undertakes to cooperate in the investigation.

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

6. Considering the facts and circumstances of the case and submissions 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/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Judge 1st, Siwan in connection with Raghunathpur P.S. Case No.59 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik

Patna High Court CR. MISC. No.32822 of 2025(2) dt.20-05-2025 3/3 Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T