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Patna High CourtCR. MISC./53389/2025allowed

Vikash Yadav v. The State Of Bihar

2025-08-19Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53389 of 2025 Arising Out of PS. Case No.-144 Year-2025 Thana- SISWAN District- Siwan ====================================================== 1.

Vikash Yadav S/o- Chhathu Yadav Resident Of Village- Gangpur Siswan, Ps- Siswan, Dist- Siwan 2.

Ashok Yadav @ Ghugli Yadav S/o- Baban Yadav Resident Of VillageGangpur Siswan, Ps- Siswan, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in a case registered under Section 30(a) Bihar Prohibition and Excise Act.

3. As per the prosecution case, 495 litres of illicit liquor kept hidden in bush was recovered near ditch situated back of Bank of India. Two persons were managed to flee away from the spot.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to police mechanism. Further submission is that the recovery has been made from an open place which is accessible

Patna High Court CR. MISC. No.53389 of 2025(2) dt.19-08-2025 2/2 to anyone. Petitioners have no concern either with the seized illicit liquor or with the place of occurrence. Petitioners have two criminal antecedents of similar nature in which they are on bail. Petitioners undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering 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/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 2, Siwan in connection with Siswan P.S. Case No. 144 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023. (Sunil Dutta Mishra, J) utkarsh/- U T