Jitendra Yadav @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73219 of 2025 Arising Out of PS. Case No.-55 Year-2015 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Jitendra Yadav @ Jitendra Kumar S/o Late Rameshwar Yadav R/o vill - Siswan Gaus Nagar, P.S.- Nawada Town, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-10-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 47(a)(f) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent.

4. Allegation is of recovery of 40 litres of liquor along with 400 Kg. of Java Mahua from a place near a river.

5. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that petitioner came to be implicated based on the secret information which is the easiest way to implicate some one. It is next submitted that petitioner was completely unaware that the

Patna High Court CR. MISC. No.73219 of 2025(2) dt.30-10-2025 2/2 instant case has been instituted against him as no endeavours ever was made to arrest him.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the case is of the year 2015 and the petitioner at his leisure has moved before this Court for seeking anticipatory bail.

7. Learned counsel for the petitioner, at this stage, seeks permission to withdraw the anticipatory bail application with liberty to the petitioner to surrender and seek regular bail.

8. Permission is accorded.

9. Accordingly, the anticipatory bail application is dismissed as withdrawn in connection with G.O. Case No. 55 of 2015 (Excise Case No. 1850 of 2015) pending in the Court of learned Exclusive Special Judge, Excise-2, Nawada/Successor Court.

10. It is made clear that if any application on behalf of the petitioner is filed seeking regular bail, the learned trial court shall decide the case on its own merit without being influenced by the fact that petitioner before this Court has withdrawn the anticipatory bail application.

(Satyavrat Verma, J) Kundan/- U T