Patna High CourtCR. MISC./58892/2025allowed

Radhe Shyam Yadav v. The State Of Bihar

2025-09-22Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58892 of 2025 Arising Out of PS. Case No.-212 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Radhe Shyam Yadav son of Parojan Yadav Resident of village- Rupbandh, P.S.- Jagdishpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar Singh, Advocate Ms. Drishti Mohan, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. There is recovery of 28 litres illicit liquor from the bank of Roopbandh river.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern with the seized illicit liquor. The alleged recovery has been made from the bank of Roopbandh river which is open place accessible to public at large. There is no

Patna High Court CR. MISC. No.58892 of 2025(2) dt.22-09-2025 2/2 independent witness of the seizure list. Petitioner has no criminal antecedent and he 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 Court concerned in connection with Jagdishpur P.S. Case No.212 of 2024, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Harish/- U T