Tukan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89907 of 2025 Arising Out of PS. Case No.-120 Year-2025 Thana- CHAKAI District- Jamui ====================================================== Tukan Yadav, aged about-59 years, Son of Bhola Yadav Resident of Village - Nadha, Machhli, Giridih, P.S.- Bhelwaghati, District - Jharkhand. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Raj, Advocate For the Opposite Party/s :
Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Chakai P.S. Case No. 120 of 2025 registered for the offences punishable under Sections 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 200 ml of illicit liquor has been recovered from a vehicle (Hero Splendor Motorcycle) bearing Registration No. JH-11R-8701.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that petitioner has no concern with the alleged recovered liquor and no incriminating article has been recovered
Patna High Court CR. MISC. No.89907 of 2025(2) dt.23-12-2025 2/3 from the conscious possession of the petitioner. He next submits that name of the petitioner has been transpired in this case merely on basis of suspicion as he is the owner of the said vehicle. He next submits that the alleged illicit liquor has been found in unclaimed situation and petitioner has no knowledge about the fact that his bike is being used for such an illegal act. He next submits that there is no iota of evidence which shows the complicity of the present petitioner in the alleged occurrence save and except he being the owner of the alleged bike. He next submits that petitioner has got no criminal antecedent as stated in para-3 of the bail petition.
5. However, learned APP for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and submission of learned counsel for the petitioner and also the fact that no incriminating article has bee recovered from the conscious possession of the petitioner and petitioner has got no criminal antecedents stated in para-3 of the bail petitioner, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two
Patna High Court CR. MISC. No.89907 of 2025(2) dt.23-12-2025 3/3 sureties of the like amount each to the satisfaction of learned Exclusive Excise Court 1, Jamui in connection with Chakai P.S. Case No.120 of 2025 subject to the condition as laid down under Section 482 of BNSS.
(Ramesh Chand Malviya, J) Harshita/- U T