Nakchhed Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44485 of 2025 Arising Out of PS. Case No.-425 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Nakchhed Yadav Son of Jaynarayan yadav Village-Hat Saraiya Ps-Bairiya District -West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raki Alam, Advocate For the Opposite Party/s :

Mr. Nityanand, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 40(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, the informant alleged that he got information regarding business of illegal liquor through a viral video, where four persons were standing near the motorcycle, keeping a beer can (liquor) in hand. It is further alleged that they are members of the syndicate, involved in trade of illicit liquor.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated in this case merely because he happens to be owner of the vehicle in question. Nothing has been recovered from the

Patna High Court CR. MISC. No.44485 of 2025(2) dt.05-08-2025 2/2 conscious possession of this petitioner. Petitioner has got one criminal antecedent in which he is already on bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the nature of accusation and the fact that no incriminating article has been recovered from conscious possession of this petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise-I, Bettiah, West Champaran in connection with Bairiya P.S. Case No. 425 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) Neha/- U T