Suraj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42440 of 2025 Arising Out of PS. Case No.-204 Year-2025 Thana- PURNEA SADAR District- Purnia ====================================================== Suraj Yadav S/O Umesh Yadav R/O Abdullanagar, P.S- Sadar, Distt- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Purnia Sadar P.S. Case No. 204 of 2025, lodged on 21.04.2025, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and under Sections 25(1-b)A/26/35 of the Arms Act.
3. As per the prosecution, total recovery of 15.125 litres of foreign liquor and five live cartridges have been made which is the subject matter of the present case. It is alleged that
Patna High Court CR. MISC. No.42440 of 2025(2) dt.09-07-2025 2/3 on the secret information that accused persons including the petitioner have taken the house of one Surendra Uraon on rent, used to sell foreign liquor. The delivery was used to be made from the scooty.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the house from which recovery has been made belongs to Surendra Uraon, the vehicle from which the recovery has been made also does not belong to him. He submits that he was subject to victim in this case as his antecedent is clean and nothing has been recovered from his possession.
5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that recovery has not been made from his possession.
6. Considering the fact that antecedent of the petitioner is clean, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Judge, Excise Court No.I, Purnea, in connection with Purnea Sadar P.S. Case No. 204 of
Patna High Court CR. MISC. No.42440 of 2025(2) dt.09-07-2025 3/3 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J) Mkr./- U T