Arun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49172 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- BIND District- Nalanda ====================================================== 1.

Arun Yadav S/o Barik Yadav R/o Vill- Chhaterpur, P.S.- Bind, DisttNalanda 2.

Aajo Yadav S/o Barik Yadav R/o Vill- Chhaterpur, P.S.- Bind, Distt- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Bind P.S. Case No. 107 of 2025 instituted for the offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 132 litres of liquor was recovered from two motorcycles.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. The name of the petitioners transpired in this case on the basis of confessional statement of apprehended co-accused person. Learned counsel for the petitioners, therefore, contends that

Patna High Court CR. MISC. No.49172 of 2025(2) dt.25-07-2025 2/2 prima-facie no case is made out against the petitioners. Learned counsel further submitted that motorcycles in question do not belong to the petitioners. The petitioners have got no concern with the alleged recovery of liquor. The petitioners have no criminal antecedent. 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 petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the petitioners above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bind P.S. Case No. 107 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T