Jivan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83006 of 2025 Arising Out of PS. Case No.-298 Year-2025 Thana- NARPATGANJ District- Araria ====================================================== Jivan Yadav Son of Bindeshwari Yadav R/O Vill.- Khaira Garhiya, Ward No.- 12, P.S.- Narpatganj, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar, Adv.

For the Opposite Party/s :

Mrs.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Narpatganj PS. Case No. 298 of 2025 dated 11-08-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Act,2018.

3. The allegation is of recovery of 34.34 litres of illicit foreign liquor from the straw house ( Bhusa Ghar) of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner; rather, the alleged recovery was made from the straw

Patna High Court CR. MISC. No.83006 of 2025(2) dt.10-12-2025 2/2 house, which is situated far away from the petitioner's house and is accessible to all. It is further submitted that the said straw house does not belong to the petitioner and he has been implicated in this case merely on the basis of suspicion. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-1 Araria/concerned Court, in Narpatganj PS. Case No. 298 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U