Dadan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55974 of 2025 Arising Out of PS. Case No.-288 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Dadan Yadav, Son of Late Gariba Yadav @ Late Harihar Singh Yadav Resident of village - Masarh Tola, Police Station - Udwant Nagar, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Udwant Nagar P.S. Case No. 288 of 2025, instituted under Section 30(a) of the Bihar Prohibition & Excise Act.

3. On getting secret information that near the Vanash River of Ashani village, in a field, petitioner along with other accused persons are manufacturing and selling illicit liquor, the police personnel reached there and on search, 107 litre country made liquor recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only on the basis of suspicion. He was not present on the spot. Nothing has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.55974 of 2025(2) dt.02-09-2025 2/2 petitioner. Petitioner has no concern with the seized liquor. No one has disclosed the name of the petitioner. Recovery has been made from an open place. Petitioner has two criminal antecedents. He undertakes to co-operate 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 submission 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 2nd, Bhojpur at Ara in connection with Udwant Nagar P.S. Case No. 288 of 2025, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.) rakhi/- U T