Pinku Yadav @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20698 of 2025 Arising Out of PS. Case No.-680 Year-2021 Thana- NAWADA District- Nawada ====================================================== Pinku Yadav @ Chandan Kumar S/o Late Chhotan Yadav R/o Vill- Gondapur, PS- Nawada, Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Adv.
For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Nawada P.S. Case No. 680 of 2021 instituted for the offences under Sections 33, 34, 36 Bihar Prohibition and Excise Act, 2016.
3. As per prosecution case, the Informant's father has died due to consumption of adulterated wine.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The name of the petitioner has transpired in this case on the basis of
Patna High Court CR. MISC. No.20698 of 2025(2) dt.04-04-2025 2/3 the confessional statement of the co-accused Arvind Yadav before the police which has no eventiary value in the eye of law. The petitioner has no concern with the alleged occurrence. The petitioner has altogether 17 criminal antecedents. The petitioner has been remanded in this case from Nawada P.S. Case No. 376 of 2021 on 04.09.2024 and, since then, the petitioner is in custody without any rhymes or reason. Charge-sheet has been submitted in this case.
5. Learned counsel for the petitioner again submits that the co-accused have been granted bail by this Court vide orders dated 09.01.2025 and 04.12.2024 passed in Cr. Misc. Nos. 89869 of 2024 & 83282 of 2024 respectively. Several accused persons have also been granted bail by a Co-ordinate Bench of this Court.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, the period of custody of the petitioner and the prayer for bail being based on parity, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.20698 of 2025(2) dt.04-04-2025 3/3 satisfaction of Court below/concerned Court in connection with Nawada P.S. Case No. 680 of 2021, subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T