Nayan Yadav @ Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38343 of 2025 Arising Out of PS. Case No.-123 Year-2024 Thana- RAGHUNATHPUR District- Siwan ====================================================== Nayan Yadav @ Krishna Yadav Son of Suresh Yadav Resident of village - Rajpur, P.S.- Raghunathpur, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Anupam, Advocate For the Opposite Party/s :

Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-09-2025 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.123 of 2024 instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 86 litres of country made liquor has been recovered from the bush kept in two plastic bags near Narhan Saryu river bank. The chowkidar disclosed the name of escaped persons including petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the basis of disclosure made by local chowkidar. Nothing has been recovered from possession of the petitioner. Petitioner has no concern with the seized illicit liquor. The seized liquor has been recovered from the bush near Narhan

Patna High Court CR. MISC. No.38343 of 2025(4) dt.01-09-2025 2/2 Saryu river bank which is open and easily accessible by anyone. The petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner is a habitual offender involved in illicit liquor business having 10 criminal antecedents of similar nature. The petitioner, who fled away from the spot, was identified by the chaukidar present there. He further submits that in view of Full Bench decision of this Court rendered in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.) prima facie case is made out against the petitioner, therefore, the anticipatory bail is not maintainable. Thus, the petitioner does not deserve anticipatory bail.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and criminal antecedent of petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail is rejected.

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