Gayani Kumar @ Gyani Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51854 of 2025 Arising Out of PS. Case No.-82 Year-2025 Thana- SINGHWARA District- Darbhanga ====================================================== Gayani Kumar @ Gyani Kumar Yadav Son of Pragash Yadav @ Pargash Yadav Resident of Village- Pakrihar Police Station- Singhwara, DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate.

For the Opposite Party/s :

Ms. Shaheen Begum, APP.

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

2. The petitioner apprehends his arrest in connection with Singhwara P.S. Case No.82 of 2025 instituted under Section 318(4) of B.N.S. and Sections 30(a), 30(c), 30(d), 30(e), 30(g), 33 & 36 of Bihar Prohibition and Excise Act.

3. As per the prosecution case, 89.25 liter foreign liquor, 385 liter spirit, four motorcycles and other articles were recovered from a house near Durga Temple in village Sanahpur. One of the motorcycle belong to petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner has no concern with the alleged recovery of liquor and he has been implicated in this case only on the basis of suspicion. Learned counsel submits that there is no recovery from the motorcycle of petitioner. He

Patna High Court CR. MISC. No.51854 of 2025(2) dt.19-08-2025 2/2 further submits that the recovery is made from the house of coaccused Ashok Kumar and petitioner has no concern with the said place. He also submits that no incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel submits that 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 aforesaid 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 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 Exclusive Special Judge-II, (Excise Act), Darbhanga in connection with Singhwara P.S. Case No.82 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T