Surendra Yadav @ Surendra Yadav Prasad @ Surendra Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89097 of 2025 Arising Out of PS. Case No.-365 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Surendra Yadav @ Surendra Yadav Prasad @ Surendra Prasad Yadav Son of Sekhi Prasad Yadav Resident of Village - Jafarnagar, Police Station - Muffasil, District - Munger (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Sahebpur Kamal P.S. Case No. 365 of 2024 instituted under Section 30 (a) of the Bihar Prohibition & Excise Act.

3. There is recovery of 5 litres country made liquor from the motorcycle of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The apprehended co-accused, who is son of the petitioner, without the consent and knowledge of the petitioner had taken the said motorcycle and misused the same. Petitioner has no concern with the seized liquor. He is not involved in the trade of

Patna High Court CR. MISC. No.89097 of 2025(2) dt.22-12-2025 2/2 illicit liquor. Petitioner has clean antecedent. Petitioner was not riding on the motorcycle in question. Except that petitioner is registered owner of the motorcycle, there is no material against him. Petitioner undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Exclusive Special Excise Judge II, Begusarai in connection with Sahebpur Kamal P.S. Case No. 365 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) rakhi/- U T