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Patna High CourtCR. MISC./58226/2025allowed

Sushil Yadav @ Sushil Singh v. The State Of Bihar

2025-09-16Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58226 of 2025 Arising Out of PS. Case No.-337 Year-2025 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Sushil Yadav @ Sushil Singh S/o Rajendra Yadav @ Rajendra Singh R/o Village - Malthar, P.S - Udwantnagar, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

3. As per the prosecution case, 28 litres of country made liquor was recovered near the poultry farm of Krishna Yadav. Co-accused Rinku Mushar apprehended on the spot who disclosed the name of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the confessional statement of apprehended coaccused. Further submission is that petitioner has no concern with the seized illicit liquor or place of occurrence. The recovery of illicit liquor has been made from an open place

Patna High Court CR. MISC. No.58226 of 2025(2) dt.16-09-2025 2/2 easily accessible to one and all. Nothing has been recovered from the conscious possession of the petitioner. 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 Exclusive Special Excise Judge-II, Ara, Bhojpur in connection with Udwantnagar P.S. Case No. 337 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