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Patna High CourtCR. MISC./63056/2025partly allowed disposal

Harendra Yadav @ Harindra Yadav v. The State Of Bihar

2025-09-24Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63056 of 2025 Arising Out of PS. Case No.-140 Year-2025 Thana- SRINAGAR District- West Champaran ====================================================== 1.

Harendra Yadav @ Harindra Yadav S/O Shanker Yadav R/O VillagePokhariya, P.S.- Bairiya, District- West Champaran 2.

Ramji Yadav @ Sanjit Yadav S/O Motilal Yadav R/O Village- Pokhariya, P.S.- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarendra Nath Verma, Advocate Ms. Surbhi Bhushan, Advocate For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2025

1. Heard learned counsel for the parties.

2. At the outset, it is submitted by learned counsel for the petitioners that the petitioner no.1 having been arrested during the pendency of this application, he seeks permission to withdraw this application so far as petitioner no.1 is concerned.

3. In view of the above, the application so far as petitioner no.1 (Harendra Yadav @ Harindra Yadav) is concerned stands dismissed as withdrawn.

4. The petitioner no.2 has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Srinagar P.S. Case no.140 of 2025, registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Patna High Court CR. MISC. No.63056 of 2025(2) dt.24-09-2025 2/3

5. As per the prosecution case, 7.2 litres of liquor was recovered from the boat while two accused i.e. the petitioners herein managed to escape. They were identified by the choukidar.

6. Learned counsel for the petitioner no.2 submits that the petitioner has been falsely implicated in the case. No incriminating article has been recovered from the petitioner's possession and he has no concern with seized liquor nor with the boat in question. The petitioner has no criminal antecedent.

7. The application for anticipatory bail is opposed by learned A.P.P. for the State.

8. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner no.2 in the F.I.R., his not having been arrested at the spot, no incriminating article having been recovered from his possession and especially the petitioner no.2 not having any criminal antecedent, it is directed that the petitioner no.2 (Ramji Yadav @ Sanjit Yadav) in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Srinagar P.S. Case no.140 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.63056 of 2025(2) dt.24-09-2025 3/3 satisfaction of the learned Exclusive Special Judge, Excise Court II, Bettiah, West Champaran.

(Partha Sarthy, J) avinash/- U T