Pinku Yadav @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5743 of 2025 Arising Out of PS. Case No.-378 Year-2021 Thana- NAWADA District- Nawada ====================================================== Pinku Yadav @ Chandan Kumar Son of Late Chhotan Yadav Resident of Village- Gondapur, P.S.- Nawada Town, Distt.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nawada P.S. Case No. 378 of 2021, dated 02.04.2021, registered for the offences punishable under Sections 33, 34 and 36 the Bihar Prohibition and Excise Act.

3. As per the prosecution case, the informant's brother died due to consumption of spurious liquor. The person namely Gopal Kumar is said to have purchased the illicit liquor from some unknown persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.5743 of 2025(2) dt.05-03-2025 2/3 this case. The petitioner is not named in the F.I.R. and his name has transpired in this case on the basis of confessional statement of the co-accused Arvind Yadav. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has nineteen criminal antecedents as stated in para 3 of the bail petition. The other co-accused person has already been granted bail by this Court vide order dated 01.08.2024, passed in Criminal Misc. No. 54635 of 2024. The petitioner is in custody since 12.08.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nawada, in connection with Nawada P.S. Case No. 378 of 2021with the condition;- (I). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.5743 of 2025(2) dt.05-03-2025 3/3 cause, the bail bond of the petitioner is liable to be cancelled. (II). If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) Siwani/- U T