Nanak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52284 of 2025 Arising Out of PS. Case No.-90 Year-2025 Thana- YADOPUR District- Gopalganj ====================================================== Nanak Yadav S/o Mokhtar Chaudhary @ Mokhtar Yadav Alias Ravinder yadav Resident of Village- Semra, P.S. - Jadopur, Dist.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adesh Raj Singh, Advocate For the Opposite Party/s :

Mr. Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Yadopur P.S. Case No. 90 of 2025, dated 16.05.2025, lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, As per the prosecution, total recovery of 22.400 litres of illicit country-made liquor has been made. Additionally, 900 ml of foreign illicit liquor were also recovered. These recoveries form the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the criminal antecedent of the petitioner is clean. He also submits that the petitioner's name has figured in this case by virtue of the confessional statement of the local chowkidar.

Patna High Court CR. MISC. No.52284 of 2025(2) dt.12-08-2025 2/2

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

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Additional Sessions Judge-XII-cum-Special Judge Excise Court-I, Gopalganj, in connection with Yadopur P.S. Case No. 90 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

7. It is further directed that the Trial Court shall verify the criminal antecedents of the petitioner, and in case it is found at any stage that the petitioner has concealed his criminal antecedent, the Trial Court shall take steps for cancellation of the petitioner's bail bond. However, the acceptance of the bail bond in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification. (Dr. Anshuman, J.) Aman Kumar/- U T