Allowed

Shankar Yadav v. The State of Bihar

Patna HC13 Feb 2025CR. MISC./2519/2025

Case brief

AI extract

What is this about?

Anticipatory bail application under Section 438 CrPC arising from recovery of 82.2 litres of illicit country liquor from an open field, with the petitioner named only by a Chowkidar. The court found no conscious possession or recovery from his premises and granted anticipatory bail.

What did the court decide?

Anticipatory bail granted: bail bond of Rs.10,000 with two like sureties to Exclusive Special Excise Court No. II, Siwan, subject to Section 438(2) CrPC conditions.

Shankar Yadav Vs The State of Bihar — Narcotics (NDPS) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2519 of 2025

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Arising Out of PS. Case No.-161 Year-2024 Thana- RAGHUNATHPUR District- Siwan

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======================================================

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Shankar Yadav Son of Ramesh Yadav Resident of Village - Rajpur, P.S. - Raghunathpur, District - Siwan

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Ms.Kumari Anupam For the Opposite Party/s : Mr.Md. Nazir Ansari ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 13-02-2025 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

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This application for grant of anticipatory bail arises out of Raghunathpur Police Station Case No. 161 of 2024, dated 18.06.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

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The prosecution case, as per the First Information Report, is that on 18.06.2024, during patrolling, the police got secret information that consignment of liquor has been kept near the agricultural field of one Jeetan Singh in front of the Peepal tree for the purpose of selling it. Upon such information, the police proceeded towards the place of occurrence and upon seeing the police, two persons started fleeing away and succeeded in fleeing away. The

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Patna High Court CR. MISC. No.2519 of 2025(2) dt.13-02-2025 2/3

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Chowkidar disclosed he name of the persons who fled away as the petitioner and co-accused Ramesh Yadav. 82.2 litres of illicit Bunty Bublee country-made liquor was recovered from the place of occurrence.

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Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of his identification by the local Chowkidar. Liquor has not been recovered from the premises belonging to the petitioner and the same has been recovered from an open space, which is accessible to all.

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Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and/or premises belonging to the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

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This application is, accordingly, allowed.

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Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four 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 Excise

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Patna High Court CR. MISC. No.2519 of 2025(2) dt.13-02-2025 3/3

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Court No. II, Siwan, in connection with Raghunathpur Police Station Case No. 161 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

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(Anil Kumar Sinha, J.)

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Prabhakar Anand/-

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U √ T √

Shankar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shankar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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