Mangal Yadav @ Sunil Kr. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10225 of 2023 Arising Out of PS. Case No.-188 Year-2021 Thana- BARHARA District- Bhojpur ====================================================== Mangal Yadav @ Sunil Kr. Yadav Son Of Late Chhotan Yadav R/O Vill.- Achraj Lal Ke Tola, P.S.- Krishnagarh (BARCHARA), Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr.Awadhesh Kumar Pandey For the Opposite Party/s : Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner, learned counsel for and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barhara P.S. Case no. 188 of 2021, instituted for the offence punishable under Sections 30(a)/36 of the Bihar Prohibition and Excise Act. As per prosecution case, there has been recovery of 100 liters Mahua wine from the land of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He submitted that the land in question does not belong to the petitioner from where the said wine has been recovered. He further submits that provision of

Patna High Court CR. MISC. No.10225 of 2023(3) dt.29-03-2023 2/2 100 Cr.P.C. has not been followed. To earn his livlihood, petitioner resides in Patna with his family. Petitioner was not present at place of occurrence at the time of recovery. He has no concern with the seized liquor.

Learned APP appearing for the State has vehemently opposed the prayer of bail and submitted that as per seizure list, land in question from where recovery of 100 litres of mahua liquor has been made, belongs to petitioner.

Having heard learned counsel for the parties and taking into consideration that the land in questionbelongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection. (Sunil Kumar Panwar, J) Arish/- U T