Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35137 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- Excise P.S. District- Madhubani ====================================================== Dinesh Yadav S/o Ramaswarath Yadav Resident of village Sapta Ward No 12 PS Rahika Dist Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 03-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Perusal of the first information report and the seizure list, would go to show that 1184.76 liters of foreign liquor is said to have been recovered from asbestos house which was being taken care of one Ganesh Mukhiya.

4. It is submitted by learned counsel for the petitioner that there is no recovery from the physical and conscious possession of the petitioner. As a matter of fact, the name of the petitioner has surfaced in the present case only upon a suspicion raised by the local villagers that the petitioner

Patna High Court CR. MISC. No.35137 of 2025(3) dt.03-07-2025 2/3 is also involved in the liquor trade along with the co-accused Ganesh Mukhiya. It is further submitted that the mandatory provisions of search and seizure have been violated as there is no independent witness to the seizure list.

5. Learned APP for the State opposes the prayer for bail on the ground that petitioner has one criminal antecedent of similar nature of the offence to which, learned counsel for the petitioner submits that the petitioner is on bail.

6. Taking into consideration the fact and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sadar Excise P.S. Case No. 70 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S., subject to the further conditions:

(i) One of the bailors will be a family member/close relative.

(ii) The court below shall verify the criminal

Patna High Court CR. MISC. No.35137 of 2025(3) dt.03-07-2025 3/3 antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (III) The petitioner would appear before the Investigating Officer of the concerned police station at an interval of every 15 days till investigation is concluded against him.

(Soni Shrivastava, J) devendra/- U T