Abhay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60827 of 2025 Arising Out of PS. Case No.-93 Year-2025 Thana- Raghunathpur Excise District- Siwan ====================================================== Abhay Yadav S/o- Chandrama Yadav, Resident of Village- Gyaspur Mathiya P.S.- Siswan Dist- Siwan.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Lakshmindra Kumar Yadav, Advocate.

For the Opposite Party/s :

Mr. Nityanand, 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 arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is total recovery of 744.480 litre illicit liquor from the bank of river situated at Gyaspur Mathiya Ghat. It is alleged that the said illicit liquor belongs to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case on the basis of suspicion. He further submits that petitioner was not present on the spot and he has no concern with the alleged seized liquor. Learned counsel submits that no incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.60827 of 2025(2) dt.23-09-2025 2/2 possession of the petitioner. He further submits that the name of petitioner has falsely been implicated only on the basis of disclosure made by assembled fisherman. Learned counsel submits that petitioner has one criminal antecedent, in which he is on bail 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 aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court 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 Court concerned in connection with Raghunathpur Excise P.S. Case No.93 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

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