Prabhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43091 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- Excise Jhanjharpur District- Madhubani ====================================================== Prabhu Yadav S/O Chandra Shekhar Yadav R/o - Kishnipatti, P.S - Ghoghardiha, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap,. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Jhanjharpur Excise P.S. Case No. 49 of 2025 instituted for the offences punishable under Sections 30(a), 32(1), 32(3), 41(1), 41(2) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 900 litres of liquor was recovered from Scorpio.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle.

Patna High Court CR. MISC. No.43091 of 2025(2) dt.30-06-2025 2/2 The petitioner has got no concern with the alleged recovery of liquor. The petitioner has seven criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also there being seven criminal antecedents of the petitioner, in my view, this is not a fit case for anticipatory bail, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the prayer for grant of anticipatory bail to the petitioner is, hereby, rejected.

8. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be disposed of on its own merit without being prejudiced by this order. (Rudra Prakash Mishra, J) Alok Verma/- U T