Satendra Nath Yadav @ Satendra Yadav @ Satendranath Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27860 of 2025 Arising Out of PS. Case No.-293 Year-2024 Thana- AMAS District- Gaya ====================================================== Satendra Nath Yadav @ Satendra Yadav @ Satendranath Yadav S/O Kailash Yadav R/O Vill.- Bharauli, P.S.- Narahi, Dist.- Ballia, U.P. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aryan Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Amas P.S. Case No.293 of 2024 instituted under Section 30(a) and 36 of the Bihar Prohibition and Excise Act.
3. There is recovery of 1600 litres of spirit from a Pick-up Van of the petitioner being driven by co-accused Md. Safdar Quraishi. It is alleged that the said spirit was provided to him by co-accused Lalu Kumar which was to be delivered to coaccused Shyam and Upendra Singh.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.27860 of 2025(2) dt.21-05-2025 2/3 case. The petitioner is owner of the vehicle. There is no allegation against him in the alleged occurrence. The seizure list is doubtful and has been made without compliance of the mandatory provisions of law. The vehicle in question was being driven for rental purpose only. The petitioner was neither present on the spot nor has any concern with the seized spirit. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation. It is next submitted that similarly situated co-accused, namely, Upendra Singh @ Upendra Kumar Singh has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 04.10.2024 passed in Cr.Misc.No.72471 of 2024.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner 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 Exclusive Special Excise Court No.V, Gaya in connection with Amas P.S. Case No.293 of 2024, subject to the conditions as laid down under
Patna High Court CR. MISC. No.27860 of 2025(2) dt.21-05-2025 3/3 Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J) Harish/- U T