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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44770 of 2025 Arising Out of PS. Case No.-214 Year-2025 Thana- PHULPARAS District- Madhubani ====================================================== Nirmal Kumar Yadav @ Nirmal Yadav, S/O Ashok Yadav, Resident of Village-Inarwa, Police Station- Phulparas, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Phulparas P.S. Case No. 214 of 2025 registered for the offences punishable under Sections 318 (4), 338, 336(3), 3 (5) of the BNS and Sectiion 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 54 litres of Royal Green Whisky recovered from the pick up van parked in front of the house of the petitioner as well as the roof of the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Recovery of illicit liquor was made from the roof of the

Patna High Court CR. MISC. No.44770 of 2025(4) dt.13-10-2025 2/2 joint house of the petitioner. The petitioner was neither present on the spot nor he has any concern with the seized liquor. There is no independent witness to the seizure list that is the violation of provision under Section 103 of the BNSS. Petitioner has no criminal antecedent. Petitioner undertakes to cooperate in the investigation of the present case.

5. Learned APP opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Phulparas P.S. Case No. 214 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Sunil Dutta Mishra, J) khushbu/- U T