Hira Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67750 of 2025 Arising Out of PS. Case No.-87 Year-2025 Thana- GHOGHARDIHA District- Madhubani ====================================================== Hira Lal Yadav Son of Jeebachh Yadav @ Hari Narayan Yadav Resident Of Village- Banar Jhula, Ps- Ghoghardiha, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Ms. Pronoti Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-10-2025 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, 540 litres of Nepali wine was recovered from the mango orchard of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to village politics. Further submission is that the mango orchard in question is combined ancestral property of the petitioner and the same is not exclusive possession of the petitioner. The place of recovery is open place accessible to anyone. Petitioner was not present on the spot and he has no concern with the seized illicit liquor. Nothing has been

Patna High Court CR. MISC. No.67750 of 2025(2) dt.07-10-2025 2/2 recovered from the conscious possession of the petitioner. There is no independent witness on the seizure list. 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 Court concerned in connection with Ghoghardiha P.S. Case No. 87 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