Rajan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59498 of 2025 Arising Out of PS. Case No.-290 Year-2025 Thana- MIRGANJ District- Gopalganj ====================================================== Rajan Yadav, S/o Shivajee Yadav @ Shivajee Chaudhary, Resident Of Village - Govrahi, P.S.- Shrirampur, Dist- Deoria, U.P. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Mirganj P.S. Case No. 290 of 2025, instituted under Section 317(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, on getting secret information that co-accused Nand Kishore Yadav and petitioner are bringing large quantity of liquor in a car, police team intercepted the said car but accused persons managed to flee away. On search, 639 litre country made liquor was recovered from the said car.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner was not present on the spot. No incriminating

Patna High Court CR. MISC. No.59498 of 2025(2) dt.23-09-2025 2/2 material has been recovered from possession of the petitioner. He has no concern with the seized liquor. He is not involved in the business of illicit liquor. He is neither owner nor driver of the seized vehicle. There is no independent witness to the seizure-list. Petitioner has no criminal antecedent. He undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties and the fair antecedent of the petitioner, in the event of arrest or surrender before the Court below within six weeks from today, the Petitioner, above-named, 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 Additional District and Sessions Judge-iv-cum Special Excise Judge-II, Gopalganj in connection with Mirganj P.S. Case No. 290 of 2025, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J.) rakhi/- U T