Amaresh Yadav @ Amaresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68530 of 2025 Arising Out of PS. Case No.-124 Year-2025 Thana- ITARHI District- Buxar ====================================================== Amaresh Yadav @ Amaresh Kumar Son of Raghunath Yadav Resident of Village - Jalwasi, P.S.- Itarhi, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohit Shriwastava, Advocate For the Opposite Party/s :

Mr.Sunil Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 08-10-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Buxar Itarhi PS Case No.124 of 2025, registered for the offences punishable under 30(a) of Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, total 5.610 ltrs. of illicit liquor was recovered from the fodder sack kept near the house of the petitioner.

4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has falsely been implicated in the present case. Recovery of the illicit liquor has been made from the open place, which is accessible to anyone.

5. Learned APP for the State vehemently opposed the

Patna High Court CR. MISC. No.68530 of 2025(2) dt.08-10-2025 2/2 prayer for grant of pre-arrest bail.

6. Having considered the rival submissions of the parties, as well as, considering the fact that the recovery of illicit liquor has been made from open place, which is accessible to anyone, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No.1, Buxar in connection with Buxar Itarhi P.S.Case No.124 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) of BNSS.

7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) chn/- U T