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Patna High CourtCR. MISC./57583/2025allowed

Srikant Yadav @ Suryakant Kumar v. The State Of Bihar

2025-09-15Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57583 of 2025 Arising Out of PS. Case No.-774 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Srikant Yadav @ Suryakant Kumar S/O Ram Pravesh Ray, Resident of Village- Daldali Park Road, P.S.- Kadamkuan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a) and 56(b) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 216 liters of illicit foreign liquor kept hidden under the middle seat and rear seat of Mahindra Scorpio vehicle bearing Registration No. BR-29-AY-3086. It is alleged that this petitioner and other co-accused persons fled away from the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to suspicion. Further submission is that petitioner is neither the owner nor the driver of the seized vehicle. Petitioner

Patna High Court CR. MISC. No.57583 of 2025(2) dt.15-09-2025 2/2 has no concern with the seized illicit liquor. Nothing has been recovered from the conscious possession of the petitioner. There is no independent witness on the seizure list. It is submitted that similarly situated co-accused Raju Kumar and Chandan Kumar have already been granted anticipatory bail by this Court vide order dated 02.09.2025 passed in Cr. Misc. No. 55741 of 2025. 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 Special Judge Excise-III, Patna in connection with Excise P.S. Case No.774 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