Sako Yadav @ Satyendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27293 of 2025 Arising Out of PS. Case No.-905 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Sako Yadav @ Satyendra Kumar S/o Late Ambika Yadav R/o Village- Garu Bigha, P.S.- Hisua, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-05-2025 Heard Mr. Pramod Kumar Verma, learned counsel for the petitioner and Mr. Bharat Bhushan, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Excise P.S. Case No. 905 of 2024 for the offence under section 30(a) of the Bihar Prohibition and Excise Act, 2016, lodged on 24.12.2024 by the informant, Subodh Kumar.
3. As per the prosecution story, the informant alleged that on secret information, the police reached the place and found a person sitting with the box. As the police reached he left the place, the local gave his name. There is recovery/seizure of 8 litres of country made 'Chulai'. This led to the FIR.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.27293 of 2025(2) dt.06-05-2025 2/3 locals due to enmity named him, nothing has been recovered from his conscious possession.
5. Learned APP opposes the prayer submitting that the petitioner has criminal antecedent.
6. Taking into account the submissions of the parties as also that nothing has been recovered from his conscious possession, FIR is there, he shall be facing the trial, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
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 Court, Excise-2, Nawada in connection with Excise P.S. Case No.905 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official 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
Patna High Court CR. MISC. No.27293 of 2025(2) dt.06-05-2025 3/3 dates without plausible reason will entail cancellation of his 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 his bail bonds. (Rajiv Roy, J) anand/- U T