Raju Yadav @ Raj Kumar @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87399 of 2024 Arising Out of PS. Case No.-388 Year-2024 Thana- RANIYATALAB District- Patna ====================================================== Raju Yadav @ Raj Kumar @ Raju Kumar S/o- Jatu Yadav @ Nand Keshwar Yadav Village- Dhana PS- Rani Talab District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-01-2025

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Rani Talab Police Station Case No. 388 of 2024, dated 08.10.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that illicit liquor is being manufactured and sold in the village Dhana, reached at the place of occurrence and on seeing the police, one person fled away. On search, the police recovered 42 litres of illicit country-made liquor from the field.

4. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.87399 of 2024(2) dt.21-01-2025 2/3 petitioner is innocent and has falsely been implicated in this case on the disclosure of his name by the chowkidar and villagers. He further submits that the petitioner has got no concern with the illicit liquor recovered inasmuch as the illicit liquor has been recovered from the field, which is an open space and is accessible to all and sundry. He further submits that the petitioner has got no criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioner has got no criminal antecedent and the illicit liquor has been recovered from a field, which is an open space and is accessible to all, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna, in connection with Rani Talab Police Station Case No. 388 of 2024, subject to the condition

Patna High Court CR. MISC. No.87399 of 2024(2) dt.21-01-2025 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √