Amod Yadav @ Amod Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42273 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- BENIPATTI District- Madhubani ====================================================== Amod Yadav @ Amod Kumar Yadav Son of Saukhi Yadav Resident of Village- Agropatti, P.S.- Benipatti, District- Madhubani ... ... 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. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 17-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Section 30(a) of Bihar Prohibition & Excise Act.

3. Prosecution case relates to recovery of 3537.360 litres Indian Made Foreign Liquor from a Truck bearing Reg. No. JH-02V-3331. Petitioner was alleged to have fled away from the place of recovery.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and

Patna High Court CR. MISC. No.42273 of 2025(2) dt.17-07-2025 2/3 has committed no offence. He has no concern with the alleged recovery or with the vehicle in question. The name of petitioner sprang up in this case on the disclosure of local Chowkidar as a person who fled away from the place of seizure. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Moreover, proper procedure of search and seizure has not been followed in this case.

5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Benipatti P.S. Case no. 67 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.42273 of 2025(2) dt.17-07-2025 3/3 the satisfaction of learned Exclusive Special Judge, Excise Court, Madhubani, subject to the conditions as laid down under section 482 of BNSS.

(S. B. Pd. Singh, J) Nirajkrs/- U T