Arbind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90335 of 2024 Arising Out of PS. Case No.-637 Year-2024 Thana- BIKRAMGANJ District- Rohtas ====================================================== Arbind Yadav Son of Keshaw Yadav Resident of Village - Mani, Police Station - Bikramganj, District - Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-01-2025 1.

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

2.

This application, for grant of anticipatory bail, arises out of Bikramganj PS case no. 637 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 upon information that the petitioner was selling illicit liquor at his house, the informant along with police force reached at the place of occurrence but no one was present there. Upon search, 3.3 liters of illicit countrymade liquor has been recovered from a cowshed

Patna High Court CR. MISC. No.90335 of 2024(2) dt.30-01-2025 2/3 situated in front of the house of the petitioner and seizure list was prepared.

4.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case, however no local independent witness has identified him. He further submits that illicit liquor has been recovered from a cowshed, where cattle of other villagers were also kept and it is an open space accessible to everyone. Petitioner is stated to be having no criminal antecedent.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that illicit liquor has been recovered from an open space, accessible to all and sundry as also the fact that petitioner is having clean antecedent, 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 Judge, Excise

Patna High Court CR. MISC. No.90335 of 2024(2) dt.30-01-2025 3/3 Court No.1, Rohtas at Sasaram in connection with Bikramganj PS case no. 637 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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