Niwas Yadav @ Sriniwas Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67740 of 2025 Arising Out of PS. Case No.-140 Year-2025 Thana- CHARPOKHARI District- Bhojpur ====================================================== Niwas Yadav @ Sriniwas Singh S/o Ram Singasan Singh @ Singasan Yadav R/o Village- Thakuri, P.S.- Charpokhari, District- Bhojpur, Bihar- 802207 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritik Shah, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, 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, 30 litres of illicit liquor was recovered from the khalihan of the petitioner situated near the government school and it is alleged that four accused persons including this petitioner fled away from the spot. The watchman disclosed the names of the accused persons and the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case merely on the disclosure made by the watchman. Further submission is that petitioner was not present on the spot and he

Patna High Court CR. MISC. No.67740 of 2025(2) dt.07-10-2025 2/2 has no concern with the seized illicit liquor. The place of recovery is an open place easily accessible to anyone. Nothing has been recovered from the conscious possession of the petitioner. 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 Charpokhri P.S. Case No. 140 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