Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49764 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- Banma Itahari District- Saharsa ====================================================== Kailash Yadav S/o Vishehwar Yadav R/o vill - Bhagwanpura, ward no. 7, P.s.- Banma Itahari, Distt.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ajay Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 15 litres country made liquor was recovered from the field of one Naresh Yadav.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from conscious possession of the petitioner. Petitioner has got no concern with the alleged recovery and he has been made accused only on suspicion. Petitioner has got one criminal antecedent of similar nature in which he is on bail.

5. Considering the nature of accusation and place of recovery, this anticipatory bail is allowed and it is ordered that

Patna High Court CR. MISC. No.49764 of 2025(2) dt.22-07-2025 2/2 let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, 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 Exclusive Special Judge (Excise) I, Saharsa in connection with Banma Itahari P. S. Case No. 101 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

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