Motilal Yadav @ Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55620 of 2025 Arising Out of PS. Case No.-62 Year-2025 Thana- SURYAGARHA District- Lakhisarai ====================================================== Motilal Yadav @ Anil Yadav S/o Late Matuki Yadav Resident of VillageNista, P.S.- Suryagarha, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Sahay, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 5.7 litres of foreign liquor was recovered from the bank of Kiul River near Thakurwari Ghat. It is alleged that after the seeing the raiding team, 4-5 persons managed to flee away from the spot. Chaukidar disclosed the name of this petitioner as one of the escaped persons.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the disclosure statement of Chaukidar. Further submission is that the recovery of illicit liquor has been made

Patna High Court CR. MISC. No.55620 of 2025(2) dt.01-09-2025 2/2 from an open place easily accessible to one and all. Petitioner has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. There is no independent witness on the seizure list. Petitioner has no criminal antecedent and he undertakes 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 concerned within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-IV, Exclusive Special Excise Court-I, Lakhisarai in connection with Suryagarha P.S. Case No. 62 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