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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36288 of 2025 Arising Out of PS. Case No.-59 Year-2025 Thana- CHOUTARWA District- West Champaran ====================================================== Sikandar Yadav @ Sikandar Kumar Yadav S/o- Lalbabu Yadav VillageHarpur P.S.-Chautarwa Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-06-2025 Heard Mr. Anand Kishore Choudhary, learned counsel appearing for the Petitioner and Mr. Md. Aslam Ansari, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Chautarwa P.S. Case No. 59 of 2025 dated 15.02.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 ( in short 'Excise Act').

3. The main submissions advanced by petitioner's counsel are that the petitioner has clean past history, has never remained involved in any kind of activity prohibited under Excise Act and his name has surfaced in the confessional statement of co-accused, Piyush Kumar, which has no evidentiary value in the eye of law. It is further submitted that

Patna High Court CR. MISC. No.36288 of 2025(2) dt.20-06-2025 2/3 the instant matter relates to the recovery of 41.850 litres of english liquor from an Alto Car which does not belong to this petitioner rather as per the statement of co-accused, Piyush Kumar, the same was purchased by him from one, Md. Alam, who is the resident of Uttar Pradesh State and as per the FIR, only one person was seen driving the alleged vehicle and it is not the case of the prosecution that the petitioner was driving the said vehicle, so, in view of these circumstances, the alleged offence punishable under Excise Act does not attract against this petitioner even prima facie, so, his prayer is not hit by the provisions of Section 76(2) of the Excise Act.

4. Learned APP for the State has opposed the prayer for bail of the petitioner.

5. Considering the aforesaid submissions advanced by petitioner's counsel, this Court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Chautarwa P.S. Case No. 59 of 2025, subject to

Patna High Court CR. MISC. No.36288 of 2025(2) dt.20-06-2025 3/3 the conditions as laid down under Section 482(2) of the B.N.S.S.

(Shailendra Singh, J) maynaz/- U T