Ankit Yadav @ Ankit Kumar Agarwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38662 of 2025 Arising Out of PS. Case No.-56 Year-2022 Thana- KAJRAILI District- Bhagalpur ====================================================== Ankit Yadav @ Ankit Kumar Agarwal Son of Vishambher Yadav Resident of Village- Khorabartar, Telwa, P.S.- Mahishi, Distt.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raja Ram Mishra, Advocate For the Opposite Party/s :

Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Kajraili P.S. Case No. 56 of 2022, registered under Sections 30(a), 32(i)(ii), 36 and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 40.50 liters liquor was recovered from car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel

Patna High Court CR. MISC. No.38662 of 2025(2) dt.26-06-2025 2/3 for the petitioner also submits that the petitioner was not present at the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement made by coaccused, namely, Bablu Kumar and the same has got no evidentiary value. It is next submitted that the petitioner is neither owner nor driver of the car in question. The petitioner has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 01.05.2025 passed in Cr. Misc. No. 27775 of 2025. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kajraili P.S. Case No. 56 of 2022, subject to the conditions as laid down under

Patna High Court CR. MISC. No.38662 of 2025(2) dt.26-06-2025 3/3 Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T