Dev Narayan Yadav @ Chotu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10214 of 2025 Arising Out of PS. Case No.-298 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Dev Narayan Yadav @ Chotu Yadav S/o Vindeshwar Yadav R/o vill- Aurhi, ward no. 04, P.S.- Babubarhi, Distt.- Madhubani ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Manoj Kumar Pandey, Advocate Ms. Kumari Pallavi, Advocate For the State :
Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Babubarhi PS. Case No.298 of 2024 dated, registered for the offences punishable under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per allegation, 630 liters of liquor has been recovered from a mango orchard of one Subodh Yadav.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the recovery of the liquor has been
Patna High Court CR. MISC. No.10214 of 2025(2) dt.07-03-2025 2/3 made from the open public place and he has no concern with the alleged offence. Even the orchard does not belong to him and the same belongs to one Subodh Yadav who has not been made accused in this case. The allegation of the chokidar that he has seen him fleeing away is without any basis. Hence, there is no cogent material against the petitioner to curtail his liberty.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in one other case in which he is on bail.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II-cum-
Patna High Court CR. MISC. No.10214 of 2025(2) dt.07-03-2025 3/3 Special Judge, Excise, Madhubani, in connection with Babubarhi PS. Case No.298 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T