Awadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25987 of 2025 Arising Out of PS. Case No.-105 Year-2005 Thana- GOVERNMENT OFFICIAL COMP. District- Bhojpur ====================================================== Awadhesh Yadav S/o Gaya Yadav, R/o Village- English Tola Kashidih, P.S.- Charpokhari, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Advocate For the State :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Charpokhari Excise P.S. Case No. 105 of 2005, dated 08.07.2005, registered for the offences punishable under Section 47(A) of the Excise Act.

3. As per allegation, 1800 kg. java Mahua and some utensils have been recovered from the house of the petitioner in the year of 2005 when Mahua was not prohibited article as per Excise Act.

4. Learned counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that no offence is made out against the

Patna High Court CR. MISC. No.25987 of 2025(2) dt.07-05-2025 2/3 petitioner as per the alleged facts and circumstances.

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 bail petition that the petitioner has no criminal antecedent.

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 concerned Court below, in connection with Charpokhari Excise P.S. Case No. 105 of 2005, subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after

Patna High Court CR. MISC. No.25987 of 2025(2) dt.07-05-2025 3/3 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.) ravishankar/- U T