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Patna High CourtCR. MISC./32246/2025bail granted

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

2025-07-03Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32246 of 2025 Arising Out of PS. Case No.-481 Year-2024 Thana- TURKAULIYA District- East Champaran ====================================================== Sanjeev Yadav @ Sanjeev Kumar @ Sanjeev Kumar Yadav, aged about 40 years (M), S/o Hiraman Yadav, Resident of village - Jaisinghpur Chiutahi, P.S.- Turkauliya, Distt.- East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Abhishek Kumar, Advocate For the Opposite Party :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Turkauliya P.S. Case No. 481 of 2024 dated 09.11.2024 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 20.7 litres of spirit made liquor was recovered from the yellow sack of the coaccused, namely, Upendra Yadav.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the

Patna High Court CR. MISC. No.32246 of 2025(2) dt.03-07-2025 2/3 conscious possession of the petitioner. The petitioner was not arrested on the spot. The petitioner has been made accused in the present case on the basis of the disclosure made by the apprehended co-accused person, namely, Upendra Yadav. The petitioner has no concern with the alleged offence. There is no specific accusation against the petitioner. The recovery of liquor has been made from the possession of the co-accused Upendra Yadav. The other co-accused Raj Kumar Yadav has already been granted anticipatory bail by a Bench of this Court in Cr. Misc. No. 10291 of 2025 vide order dated 09.05.2025. The petitioner has twelve (12) criminal antecedents and in eleven (11) cases, he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2025.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No. 1, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 481 of 2024 with further condition:- (i) The petitioner is directed to remain

Patna High Court CR. MISC. No.32246 of 2025(2) dt.03-07-2025 3/3 physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T