Bhim Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30322 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.
BHIM YADAV, aged about 40 years, S/O LATE VINDESHWAR YADAV 2.
SHIV SHANKAR YADAV, aged about 35 years, S/O LATE VINDESHWAR YADAV 3.
ARUN YADAV, aged about 45 years, Male, S/O LATE VINDESHWAR YADAV All are R/O MIRJAWA, WARD NO- 11, P.S.- TRIVENIGANJ, DISTRICTSUPAUL ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisu Zzoha, Advocate For the Opposite Party/s :
Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-05-2025 Heard Mr. Nafisu Zzoha, learned counsel appearing on behalf of the petitioner and Mr. Jai Narain Thakur, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Misc. Excise Triveniganj P.S. Case No. 30/2025 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, 12.375 litres of illicit liquor was recovered from the house of the petitioners.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent. He further
Patna High Court CR. MISC. No.30322 of 2025(2) dt.15-05-2025 2/3 submitted that recovery of illicit liquor was not made from the residential house of the petitioners rather the same has been made from the hut, where enemy of the petitioners, who are full brothers, have hid the alleged liquor in order to implicate the petitioners in a false case. Petitioners have clean antecedents.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made against the petitioners and also the fact that they are having clean antecedents, I am of the opinion that petitioners has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.2, Supaul / Concerned Court in connection with Misc. Excise Triveniganj P.S. Case No. 30/2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
Patna High Court CR. MISC. No.30322 of 2025(2) dt.15-05-2025 3/3 criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T