Babu Yadav @ Babu Kumar @ Babbu Kumar @ Babu Kumar Yadav Vs… — Anticipatory Bail | Patna HC (2025)

Babu Yadav @ Babu Kumar @ Babbu Kumar @ Babu Kumar Yadav Vs… — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail in connection with Saharsa Sadar P.S. Case no.773 of 2024, effective upon arrest or surrender before the learned Court below within four weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge Excise-II, Saharsa, subject to Section 438(2) CrPC / Section 482(2) B.N.S.S, 2023 conditions.

Issue for consideration

Whether the petitioner, who apprehends arrest in Saharsa Sadar P.S. Case no.773 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, is entitled to anticipatory bail.

Court's answer

In view of the facts of the case, the petitioner is to be released on anticipatory bail in connection with Saharsa Sadar P.S. Case no.773 of 2024 if arrested or upon surrender before the learned Court below within four weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge Excise-II, Saharsa, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S, 2023.

Detailed headnote1 paragraphs

Anticipatory bail - Allowed. Patna High Court (Soni Shrivastava, J) allowed the petitioner's application apprehending arrest in Saharsa Sadar P.S. Case no.773 of 2024, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, arising out of an alleged recovery of 225.225 liters of foreign liquor from a cartoon kept under bushes beside the railway track. Counsel for the petitioner urged false implication based on a local person's disclosure identifying the person who fled, absence of an independent witness to the seizure list, and no recovery from the petitioner's conscious possession or house, the field being an open space accessible to everyone; the State opposed citing three criminal antecedents, to which counsel replied that the petitioner is on bail in those cases. Directing arrest or surrender within four weeks, the court ordered release on anticipatory bail on a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Judge Excise-II, Saharsa, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the B.N.S.S, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6254 of 2025

Arising Out of PS. Case No.-773 Year-2024 Thana- SAHARSA SADAR District- Saharsa

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Babu Yadav @ Babu Kumar @ Babbu Kumar @ Babu Kumar Yadav Son of Shambhu Yadav village- Sukhasan, Ps and Dist- saharsa

... ... Petitioner/s

Versus

The State of Bihar bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr.Arun Kumar Singh, APP

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

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

3 06-05-2025

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

The petitioner apprehends his arrest in connection with Saharsa Sadar P.S. Case no.773 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on seeing the police party, the accused managed to escape. On search, 225.225 liters of foreign liquor was recovered from a cartoon kept under bushes beside the Railway Track.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The name of the petitioner has surfaced in the case on account of disclosure made by a local person that the person who had fled away was the petitioner. There was no independent witness to the seizure

Patna High Court CR. MISC. No.6254 of 2025(3) dt.06-05-2025 2/2

list and no recovery has been made from the conscious possession of the petitioner or from his house. The field is an open space which is accessible to everyone. The petitioner undertakes to cooperate in the case/trial.

The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that the petitioner has three criminal antecedents. In response, learned counsel for the petitioner submits that he is on bail in the said cases.

In view of the above facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Saharsa Sadar P.S. Case no.773 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge Excise-II, Saharsa, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J)

Harsh/-

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