Vikash Yadav @ Babloo Yadav @ Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88342 of 2024 Arising Out of PS. Case No.-439 Year-2024 Thana- RAHUI District- Nalanda ====================================================== Vikash Yadav @ Babloo Yadav @ Babloo Kumar S/O Jawahar Yadav R/O Village- Chhatarpur, P.S- Noorsarai, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Adv.

For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner; Ms. Shaheen Begum, learned APP for the State and learned counsel for the informant.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rahui P.S. Case No. 439 of 2024 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that police received a information that someone is selling liquor on a bike, when the police reached, they found that one person was selling something on a bike and started fleeing, seeing the police and

Patna High Court CR. MISC. No.88342 of 2024(2) dt.10-01-2025 2/3 managed to escape. From that bike, 15 liters of country made liquor was recovered and the petitioner is the owner of the said bike.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that though he is the owner of the bike, but he has no concern with the alleged liquor. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent.

5. In contra, learned APP appearing for the State and learned counsel for the informant have opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rahui P.S. Case No. 439 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge-cum-

Patna High Court CR. MISC. No.88342 of 2024(2) dt.10-01-2025 3/3 Special Judge, Excise-II, Nalanda at Biharsharif subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Sudhanshu/- U T