Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56130 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- MADHWAPUR District- Madhubani ====================================================== Jitendra Yadav S/o Panchlal Yadav R/o Village - Pansalwa, P.S - Harlakhi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Indu Kumari Srivastava, 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 a case instituted under Sections 274, 275 of B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 3.36 litres of Nepali liquor from possession of the son of petitioner. The police seized a motorcycle registered in the name of petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner was neither apprehended on the spot nor he has any concern with the seized liquor. It is further submitted that on the relevant date and time, the son of petitioner had taken the motorcycle only for the purpose of bringing medicines for his

Patna High Court CR. MISC. No.56130 of 2025(2) dt.02-09-2025 2/2 ailing mother. Petitioner had no knowledge about illegal trade and transport of illicit liquor from his motorcycle. Nothing incriminating has been recovered from conscious possession of the petitioner. The petitioner has no criminal antecedent. Petitioner undertakes to cooperate in the investigation and the 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 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Act, Madhubani in connection with Madhwapur P.S. Case No.66 of 2025, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U