Mahavir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62773 of 2025 Arising Out of PS. Case No.-352 Year-2025 Thana- MALSALAMI District- Patna ====================================================== Mahavir Yadav S/o Late Vijay Gop @ Vijay Yadav R/o Village - Mansurganj Musahari, P.S - Malsalami, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 24-09-2025

1. Heard learned counsel for the parties.

2. The petitioner in this application prays for bail apprehending his arrest in connection with Malsalami P.S. Case no.352 of 2025 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, it is stated that seeing the police personnel while the accused managed to escape, on search by the side of the public canal 421 litres of country liquor was recovered. The petitioner was identified by the local people as one of the persons who had escaped.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case because of his antecedents. He has no concern with the seized liquor and

Patna High Court CR. MISC. No.62773 of 2025(2) dt.24-09-2025 2/2 he undertakes to cooperate in the investigation/trial.

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

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the FIR, no incriminating article having been recovered from his possession and the petitioner not having been arrested at the spot, it is directed that the petitioner, above named, 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 Malsalami P.S. Case no.352 of 2025 on 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 Court of Excise, Patna City, District Patna.

(Partha Sarthy, J) Saurabh/- U T