Rajkumar Yadav @ Jahan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53466 of 2025 Arising Out of PS. Case No.-303 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Rajkumar Yadav @ Jahan Yadav, S/O Late Shiv Dular Yadav, R/O Vill.- Karisath Dera, P.S.- Udwantnagar, Dist.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Udwantnagar P.S. Case No. 303 of 2025 for the offence registered under Section 317(5) of the BNS and Section 30(a) of Bihar Prohibition & Excise Amendment Act.

3. As per the prosecution case, 240 litres of country made liquor was found on two motorcycles and the apprehended co-accused disclosed that one of the motorcycle and the illicit liquor has been provided by the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated by the coaccused due to ulterior motive. Petitioner was neither present on the spot nor any incriminating article has been recovered from

Patna High Court CR. MISC. No.53466 of 2025(2) dt.18-08-2025 2/2 the conscious possession of the petitioner. Further submission is that petitioner has no concern with the seized motorcycle or liquor. 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 Excise Court No. II, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 303 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

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