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Patna High CourtCR. MISC./27807/2025bail granted

Kalindra Kumar @ Kalindra Yadav @ Kalindra Kumar Yadav v. The State Of Bihar

2025-08-29Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27807 of 2025 Arising Out of PS. Case No.-272 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== Kalindra Kumar @ Kalindra Yadav @ Kalindra KUmar Yadav son of Jimdari Yadav Village- Ajrakbe Hasauli, Ps- Muffasil, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Mukul Kumari, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-08-2025

1. Heard learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, learned A.P.P. for the State.

2. Learned counsel for the petitioner submits that by order dated 27.06.2025 case diary was called for but the same till date has not been received.

3. The Court will not wait endlessly for the case diary.

4. The petitioner seeks regular bail in a case registered for the offences punishable under Sections 420, 467, 468, 471 and 120(B) of the Indian Penal Code as well as Sections 30(a), 34, 36 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

5. Learned counsel appearing on behalf of the petitioner submits that petitioner is in custody since 02.09.2023 and has antecedent of three cases out of which two cases are under the Excise Act. It is further submitted that once an accused is

Patna High Court CR. MISC. No.27807 of 2025(4) dt.29-08-2025 2/2 implicated in a case relating to Excise the police start implicating mechanically. It is next submitted that allegation is of recovery of 4575 litres of foreign liquor from a truck. It is also submitted that petitioner was not apprehended from the spot, as such, nothing was recovered from his conscious possession and is not the owner of the seized vehicle and during the course of investigation, the name of the petitioner transpired in the confessional statement of apprehended accused which does not have any evidentiary value in the eye of law.

6. Mr. Chandra Bhushan Prasad, learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

7. Considering the submissions made by the learned cousnel appearing on behalf of the petitioner and taking into consideration the peirod of custoy, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending in connection with G.R. No. 642 of 2021 arising out of Daudnagar P.S. Case No. 272 of 2021. (Satyavrat Verma, J) Kundan/- U T