Pankaj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18346 of 2025 Arising Out of PS. Case No.-376 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== Pankaj Yadav S/O Late Satyanarayan Yadav R/O Vill.- Mahinathpur Ward no.- 05, P.S- Beldaur, Distt.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar, Advocate For the Opposite Party/s :
Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-03-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Beldaur P.S. Case No. 376 of 2024 instituted for the offences punishable under Sections 30(a), 30(d) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 30 litres of country-made liquor has been recovered from the orchard.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made
Patna High Court CR. MISC. No.18346 of 2025(2) dt.28-03-2025 2/3 from the orchard, i.e. an open place. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 13.11.2024 and has three criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Beldaur P.S. Case No. 376 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.18346 of 2025(2) dt.28-03-2025 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Rudra Prakash Mishra, J) Alok Verma/- U T