Dhura Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43561 of 2025 Arising Out of PS. Case No.-183 Year-2025 Thana- SUGAULI District- East Champaran ====================================================== 1.

Dhura Yadav, aged about 43 years, (M), son of Chulai Yadav, 2.

Shatrudhan Yadav @ Shatrudhan Kumar, aged about 26 years, (M), son of Kari Yadav, Both resident of Village- Bishanpurwa, Ward No.-1, P.S- Sugauli, Distt.- East Champaran.

3.

Satish Yadav @ Pappu Yadav, aged about 34 years (M), son of Sipahi Yadav, resident of Village- Mangni Tola, P.S.- Majhauliya, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-07-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Sugauli PS Case No.183 of 2025 dated 15.04.2025, instituted under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Allegation is of recovery of fifty litres countrymade liquor from the maize field of Dhura Yadav (petitioner no.1).

4. Learned counsel for the petitioners submits that nothing has been recovered either from conscious possession or from the house of the petitioners. Recovery has been made from

Patna High Court CR. MISC. No.43561 of 2025(2) dt.16-07-2025 2/2 the maize field of the petitioner no.1, which is an open place easily accessible to one and all. Lastly, it is submitted that the petitioners have no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.1, Motihari, East Champaran, in Sugauli PS Case No.183 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U