Sanjay Yadav @ Sanjay Yadaw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41501 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== SANJAY YADAV @ SANJAY YADAW S/O Rambilash Yadav @ Rambilash Yadaw Resident of Village- Morkahi, Police Station- Kusheshwar Sthan, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-07-2025 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 offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. There is recovery of 16.375 liters of foreign liquor from the outhouse of the petitioner.

4. Learned counsel for the petitioner submits that no recovery was made from the physical and conscious possession of the petitioner. It is next submitted that the outhouse is an open place and the same is accessible to several persons and hence, no liability can be fixed on the petitioner. There is no independent witness to the seizure list. The name of the

Patna High Court CR. MISC. No.41501 of 2025(3) dt.21-07-2025 2/2 petitioner has been disclosed by the local people. Petitioner has no criminal antecedent.

5. Learned APP for the State opposes the prayer for bail .

6.

Taking into consideration the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, 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 lower Court where the case is pending/successor Court in connection with Kusheswar Asthan (K.Asthan) P.S/ Case No.62 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. (Soni Shrivastava, J) shikha/- U T