Krishna Yadav @ Kishan Yadav @ Kisan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55585 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- AAJAM NAGAR District- Katihar ====================================================== Krishna Yadav @ Kishan Yadav @ Kisan Yadav S/O Loknath Yadav R/O Kathghar, Durgapur, P.S.- Pranpur, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, 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, 33 litres of illicit liquor was recovered from the motorcycle. After seeing the police, two persons tried to flee away from the spot but during course of chase, co-accused Ranjan Kumar Yadav was apprehended who disclosed the name of this petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of confessional statement of apprehended co-accused. Further submission is that petitioner is neither the owner nor the driver of the seized motorcycle. Petitioner has no

Patna High Court CR. MISC. No.55585 of 2025(2) dt.01-09-2025 2/2 concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. 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 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 Excise Court-II, Katihar in connection with Azamnagar P.S. Case No. 95 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