Tribhuwan Kumar Yadav @ Tribhuvan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20407 of 2025 Arising Out of PS. Case No.-8 Year-2025 Thana- LAUKAHA District- Madhubani ====================================================== Tribhuwan Kumar Yadav @ Tribhuvan Yadav S/o- Sahdev Kumar VillageKariyuat, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti For the Opposite Party/s :
Mrs. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-04-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Laukaha P.S. Case No. 08 of 2025 for the offence under Sections 274, 275, 3(5) of the B.N.S. and section 30(a) of the Bihar Prohibition and Excise Amendment Act, lodged on 25.01.2025 by the informant, Ashok Kumar Singh.
3. As per the prosecution story, the police upon information, intercepted two persons on motorcycle and other one on the Scooty and from the Scooty, there is recovery of 36 litres of Nepali country made wine while from the motorcycle there is recovery of 9 litres of Nepali country made wine. This led to the F.I.R.
4. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent, nor anything recovered
Patna High Court CR. MISC. No.20407 of 2025(2) dt.30-04-2025 2/3 from his possession. Only because the motorcycle belongs to him, he has been implicated. He further submits that Virendra Yadav who has apprehended is his relative and had taken the vehicle which led to his implication.
5. Learned APP opposes the prayer for bail of the petitioner.
6. Considering the submission of the parties as also that the petitioner has no criminal antecedent and the person riding on the motorcycle has already been arrested, F.I.R. is there, he shall be appearing in the trial, in that background, this Court is inclined to extend relief to him.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Excise Act, Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 08 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official
Patna High Court CR. MISC. No.20407 of 2025(2) dt.30-04-2025 3/3 document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) Ranjeet/- U T