Vijay Yadav @ Bijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 90251 of 2024 Arising Out of PS. Case No.-794 Year-2024 Thana- WAJIRGANJ District- Gaya ====================================================== Vijay Yadav @ Bijay Yadav S/o Govind Yadav @ Late Nandev Yadav R/o Village- Dhandhar Tola, Dharmuchak, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-01-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Wazirganj PS case no. 794 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3.

The prosecution story, as per the First Information report, is that police got secret information that huge consignment of illicit liquor has been brought by four wheeler and has been kept near the water tank at Paharpur. On the basis of said information, the police proceeded towards the place of occurrence and seized 800 liters of countrymade mahua liquor. The petitioner along with other accused persons

Patna High Court CR. MISC. No. 90251 of 2024(2) dt.29-01-2025 2/3 fled away, whose names came to light on the basis of secret enquiry.

4.

Learned Counsel for the petitioner submits that petitioner is not having any criminal antecedent. His name has transpired in this case on the basis of secret information received by the police. He further submits that illicit liquor has not been recovered from the place belonging to the petitioner. The place of recovery of illicit liquor is not clear in the seizure list.

5.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is not having any criminal antecedent and the illicit liquor has not been recovered from the place belonging to the petitioner, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six 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 Exclusive Special Excise Court No. V, Gaya in connection with Wazirganj PS case no. 794 of 2024,

Patna High Court CR. MISC. No. 90251 of 2024(2) dt.29-01-2025 3/3 subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T