Sanjeev Kumar Yadav @ Sanjeev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35482 of 2025 Arising Out of PS. Case No.-327 Year-2021 Thana- BAISI District- Purnia ====================================================== Sanjeev Kumar Yadav @ Sanjeev Yadav Son of Hiraman Yadav Resident of village - Jaisinghpur Chiutahi, P.S.- Turkauliya, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 07.04.2025 in connection with Baisi P.S. Case No. 327 of 2021, F.I.R. dated 16.11.2021 registered for the offence punishable under Sections 272, 273, 414, 34 of the Indian Penal Code and sections 30(a), 41, 47 of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, altogether 1800 litres of illicit foreign liquor was recovered from the truck in question.
4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. The name of the petitioner has been transpired in this case on the basis of confessional statement of co-accused person, namely, Veer Kishor (co-driver). Petitioner is neither the
Patna High Court CR. MISC. No.35482 of 2025(2) dt.20-06-2025 2/3 owner nor the driver of the seized truck in question. Petitioner has no concern at all with the alleged recovery of illicit liquor. Similarly situated co-accused person, namely, Matin Ahamad @ Matin has already been granted privilege of anticipatory bail by this Court vide order dated 21.04.2025 passed in Cr. Miscellaneous No. 17795 of 2025 and co-accused person, namely, Sherdin @ Sher Din has been granted regular bail by a Coordinate Bench of this Hon'ble Court vide order dated 22.08.2022 passed in Cr. Miscellaneous No. 38703 of 2022.
5. Learned APP for the State, on the other hand, has opposed the prayer for bail of the petitioner and submits that the petitioner carries more cases other than the present one but he fairly submits that out of 11 cases, the petitioner is on bail in ten cases and rest one case is pending for consideration as mentioned in Paragraph 3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner, above named, 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. -1, Purnia, in connection with Baisi P.S. Case No. 327 of 2021, with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be
Patna High Court CR. MISC. No.35482 of 2025(2) dt.20-06-2025 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Ranjeet/- U T