Arun Yadav @ Arun Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60000 of 2025 Arising Out of PS. Case No.-18 Year-2021 Thana- PARBATTA District- Bhagalpur ====================================================== Arun Yadav @ Arun Kumar Yadav Son of Sri Mahgu Yadav Resident of Village - Devari Pipralatif, P.S.- Parbatta, District - Khagaria, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandan Kumar Kashyap For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Parbatta P.S. Case No. 18 of 2021 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act 2018.

3. As per prosecution case, 143.625 litre foreign liquor was recovered from the truck in question and coaccused Nitish Kumar was apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been transpired in the present case as owner of the truck in question. As per agreement between the petitioner and

Patna High Court CR. MISC. No.60000 of 2025(2) dt.22-09-2025 2/3 Mukesh Mandal, the said truck was given to the Mukesh Mandal on 02.12.2020 and he has no knowledge that said truck was used for carrying illicit liquor. Learned counsel for the petitioner submits that petitioner is and innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent. Seizure list has not been prepared as per law. Nothing has been recovered from the conscious possession of the petitioner.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II Bhagalpur in

Patna High Court CR. MISC. No.60000 of 2025(2) dt.22-09-2025 3/3 connection with Parbatta P.S. Case No. 18 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) vashudha/- U T