Madras Yadav @ Mandras Yadav @ Mandas Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2584 of 2025 Arising Out of PS. Case No.-258 Year-2024 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Madras Yadav @ Mandras Yadav @ Mandas Yadav S/o- Ashok Yadav Village- Jagdishpur, PS-Buxar Muffasil, District-Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amit Kumar Pandey, Advocate For the Opposite Party/s :
Ms.Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-02-2025 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Buxar (Industrial Area) PS case no. 258 of 2024, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.
3.
The prosecution story, as per the First Information report, is that police got secret information on 03.11.2024 during patrolling that petitioner along with co-accused were carrying illicit liquor in a Breza Car and were going to deliver the same to co-accused Rajkumar Kushwaha @ Sunny, arrived at the place of occurrence and saw that a white coloured car was coming and upon seeing the police party, they started fleeing away with the car, however upon chase, the accused persons left the car and fled
Patna High Court CR. MISC. No.2584 of 2025(3) dt.13-02-2025 2/3 away. A total quantity of 604.800 liters of illicit liquor has been recovered from the said car.
4.
Learned Counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has been made accused on the basis of secret information only. He further submits that the car from which the illicit liquor has been recovered does not belong to the petitioner, as stated in paragraph no. 7 of the present petition. He also submits that the liquor has not been recovered from the conscious possession of the petitioner and/ or vehicle belonging to him.
5.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is not the owner of the car in question and illicit liquor has not been recovered from the conscious possession and/ or vehicle belonging to him, 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 court of Special Excise Court No.1, Buxar in connection with Buxar (Industrial Area) PS case no. 258 of 2024, subject to the
Patna High Court CR. MISC. No.2584 of 2025(3) dt.13-02-2025 3/3 condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T