Dharmnath Kumar Yadav @ Dharmnath Yadav @ Athai Yadav @ Dharmnath Rai @ Athai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70964 of 2025 Arising Out of PS. Case No.-155 Year-2025 Thana- KOPA District- Saran ====================================================== Dharmnath Kumar Yadav @ Dharmnath Yadav @ Athai Yadav @ Dharmnath Rai @ Athai S/O Dudhnath Yadav @ Dudhnath Rai Resident of Kopa, P.S.- Kopa, Dist.- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Basant Kumar Singh Mr.Vishesh Kumar Singh For the Opposite Party/s :
Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-10-2025
1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of Kopa Police Station Case No. 155 of 2025, dated 25.06.2025, disclosing offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report, is that the police, on secret information that some persons are indulged in the trade of illicit liquor, reached Bankatta Road Tower and on seeing the police, three persons tried to flee away, however the police apprehended two of them. On search, the police recovered 360 ml. of illicit liquor from the arrested co-accused persons. On enquiry,
Patna High Court CR. MISC. No.70964 of 2025(2) dt.15-10-2025 2/3 the arrested co-accused persons disclosed that they had purchased the illicit liquor from the petitioner.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the arrested coaccused persons. He further submits that the petitioner has got no concern with the illicit liquor recovered from the co-accused persons.
5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the name of the petitioner transpired in the confessional statement of co-accused persons and no illicit liquor has been recovered from the possession and/or premises belonging to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail 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. III, Saran, at Chapra, in connection with Kopa Police Station
Patna High Court CR. MISC. No.70964 of 2025(2) dt.15-10-2025 3/3 Case No. 155 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √