Jawahir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51209 of 2025 Arising Out of PS. Case No.-148 Year-2024 Thana- SRINAGAR District- West Champaran ====================================================== Jawahir yadav Son of Late Rajendra yadav Resident of village - Masan Dhab, Ps- Srinagar, dist- west Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Srinagar P.S. FIR No. 148 of 2024 instituted for the offences under Sections 303(2), 317(2) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 79.56 litres of liquor was recovered from Two Motorcycles.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. The name of the petitioner transpired in this case on the basis of disclosure of apprehended co-accused person. Learned counsel for the petitioner, therefore, contends that prima-facie no case is made out against the petitioner. Learned counsel further submitted that motorcycles in question do not belong to the

Patna High Court CR. MISC. No.51209 of 2025(2) dt.25-07-2025 2/2 petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner has two criminal antecedents in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Other Coaccused have been granted bail by this Court vide orders dated 15.02.2025 and 09.04.2025 passed in Cr. Misc. Nos. 5553 of 2025 and 22096 of 2025 respectively.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Srinagar P.S. FIR No. 148 of 2024, 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