Salen Yadav @ Shailen Yadav @ Shailendra Yadav @ Shalendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72319 of 2025 Arising Out of PS. Case No.-757 Year-2025 Thana- MADHEPURA District- Madhepura ====================================================== 1.

Salen Yadav @ Shailen Yadav @ Shailendra Yadav @ Shalendra Yadav Son of Chunni Lal Yadav @ Chunilal Yadav Resident of village- Chitti Chiti, ward no 04, PS- Madhepura Ghailarh OP, District- Madhepura 2.

Uday Kumar S/o Salen Yadav @ Shailen Yadav @ Shailendra Yadav @ Shalendra Yadav Resident of village- Chitti Chiti, ward no 04, PSMadhepura Ghailarh OP, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2025 Heard learned counsel for the parties.

2. The petitioners in this application pray for grant of anticipatory bail apprehending their arrest in connection with Madhepura (Ghailarh O.P.) P.S.Case no. 757 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, on a raid being conducted, it is stated that while two petitioners herein managed to escape, 19 litres of cough syrup was recovered from the vehicle in question.

4. Learned counsel for the petitioners submits that the two petitioners who are father and son have been falsely implicated in the case at the instance of the villagers who are on

Patna High Court CR. MISC. No.72319 of 2025(2) dt.16-10-2025 2/2 inimical terms with them. Neither they have any concern with the seized cough syrup nor with the vehicle from which the seizure was taken place. They have been falsely implicated in the case because of the antecedent of petitioner no.2.

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

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioners in the F.I.R., the petitioners not having been arrested at the spot and specially the petitioners neither being the owner of the vehicle nor having any direct or indirect concern with the vehicle from which seizure is said to have taken place, it is directed that the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Madhepura (Ghailarh O.P.) P.S.Case no. 757 of 2025 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District & Additional Sessions Judge-Vth-cum-Special Judge, Excise Court-1, Madhepura.

Bibhash (Partha Sarthy, J) U