Tuntun Yadav @ Triveni Yadav @ Akhilesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10354 of 2025 Arising Out of PS. Case No.-300 Year-2023 Thana- Excise P.S. District- Madhepura ====================================================== Tuntun Yadav @ Triveni Yadav @ Akhilesh Kumar Yadav ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Yadav For the Opposite Party/s :

Ms. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. Earlier the petitioner was enlarged on anticipatory bail by this Court vide order dated 02.12.2023 passed in Cr. Misc. No.76555 of 2023, by making specific direction to deposit a sum of Rs.40,000/- in the account of Patna High Court Legal Services Committee, Patna. Thereafter, furnishing bail bond, but due to non-availability of the aforesaid amount the time granted by this Court has lapsed, thereafter, petitioner was arrested by the police another case.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.10354 of 2025(2) dt.28-02-2025 2/3 petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather total 27 litres of illicit liquor is said to have recovered from the place of occurrence. He submits the name of the petitioner transpired on this present case on the basis of confessional statement of co-accused. He further submits that petitioner has five criminal antecedents of similar nature and has been languishing in custody since 04.01.2025.

5. Petitioner is agreed to deposit a sum of Rs.20,000/- (Rupees Twenty Thousand) in the account of Lawyer's Association Welfare Benevolent Fund, bearing Account No. 7801893276, IFSC Code: IDIB000L501, Indian Bank, LNMI Branch, Bailey Road, Patna.

6. Having regard to the facts and circumstances of the case and the fact that there is nothing recovered from the conscious possession of the petitioner, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Madhepura Excise P.S. Case No.300 of 2023, subject to

Patna High Court CR. MISC. No.10354 of 2025(2) dt.28-02-2025 3/3 further conditions that:

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse.

7. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of the aforesaid amount in the account of Lawyer's Association Welfare Benevolent Fund.

(Anjani Kumar Sharan, J) anand/- U T