Soni Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61598 of 2025 Arising Out of PS. Case No.-336 Year-2024 Thana- GURUA District- Gaya ====================================================== SONI YADAV S/o- Jagdeo Yadav Village- Kathwara Ps- Gurua Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Yadav For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Gurua P.S. Case No. 336 of 2024 registered for the offences punishable under Section 30(a) and 30(d) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution case, 2000 litre raw java and 50 litre country made liquor were recovered near the bank of river. Local people disclosed the name of petitioner and other who are involved in the business of illicit liquor.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bear criminal antecedent of one case in which he is on bail. Nothing has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.61598 of 2025(2) dt.23-09-2025 2/2 Petitioner has no concern with the alleged recovery. The place of recovery is an open place which is accessible to all and petitioner cannot be held liable for the alleged recovery. In the light of aforesaid facts and circumstances, no offence is made out against the petitioner.

5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners abovenamed, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.05, Gaya, P.O.-Pushpendra Kumar Pandey I/C Excise Spl. Judge, Excise Court No. 05, Gaya in connection with Gurua P.S. Case No. 336 of 2024, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

(Alok Kumar Pandey, J) vashudha/- U T