Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20477 of 2025 Arising Out of PS. Case No.-310 Year-2024 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Pawan Yadav Son of Ram Jatan Yadav Resident of Vill- Dhoi, P.S.- Sadar, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-04-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Sadar (Darbhanga) Police Station Case No. 310 of 2024, dated 25.080.2024, disclosing offences punishable under Sections 30(a)/38(1)/41(1) of the Bihar Prohibition and Excise Act.

3. This is the second attempt for regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected vide order, dated 13.12.2024, passed in Criminal Miscellaneous No. 87051 of 2024.

4. The prosecution story, as per the First Information Report, is that the police, on secret information, reached near the place of occurrence and found that a truck was standing in

Patna High Court CR. MISC. No.20477 of 2025(2) dt.11-04-2025 2/3 the mango orchard near Durga Mandir and on seeing the police, all the persons present there managed to escape. On search of the truck, the police recovered 3058.56 liters of illicit foreign liquor.

5. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case with ulterior motive and the name of the petitioner transpired in this case on the basis of disclosures of his name by the local chowkidar. He further submits that the petitioner is neither the owner nor the driver of the truck in question. He further submits that the petitioner is in custody since 18.11.2024.

6. Regards being had to the submissions made by the parties and taking into consideration the period of custody of the petitioner, I am inclined to grant regular bail to the petitioner.

7. This application is, accordingly, allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Special Judge-I (Excise Act), Darbhanga, in connection to the Sadar (Darbhanga) Police Station Case No. 310 of 2024, dated 25.080.2024

Patna High Court CR. MISC. No.20477 of 2025(2) dt.11-04-2025 3/3

9. This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J) HarshPandey/- U T