Vipul Yadav @ Vipul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2602 of 2025 Arising Out of PS. Case No.-87 Year-2024 Thana- PARBATTA District- Bhagalpur ====================================================== Vipul Yadav @ Vipul Kumar Son of Sadanand Yadav village-jagatpur, PsParbatta, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madan Mohan, Advocate For the Opposite Party/s :

Mrs.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 01-05-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Parbatta P.S. Case no.87 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. From a perusal of the F.I.R and the seizure list it appears that there is recovery of 8.25 liters of foreign liquor from the chicken farm of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. No recovery has been made from physical or conscious possession of the petitioner. Learned counsel for the petitioner further submits that no independent witness is there on the seizure list further indicating violation of mandatory provisions of the B.N.S.S.

Patna High Court CR. MISC. No.2602 of 2025(3) dt.01-05-2025 2/2 The alleged place is an open space which is accessible to all. The name of the petitioner has come only on the basis of suspicion. The petitioner has no criminal antecedent and undertakes to cooperate in the case/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Considering the fact that the place of recovery being an open space which is accessible to all, it is directed that the petitioner, above named who having no criminal antecedent in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Parbatta P.S. Case no.87 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District and Sessions Judge-XII, Bhagalpur, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Harsh/- U T