Baiju Yadav @ Priyesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35448 of 2025 Arising Out of PS. Case No.-679 Year-2024 Thana- CHANDI District- Nalanda ====================================================== Baiju Yadav @ Priyesh Kumar, S/o Late Anil Yadav, R/o Village- Ghorhari, P.S.- Chandi, District- Nalanda. At present address- R/o VillageShrichandpur, P.S.- Harnaut, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Advocate For the State :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Chandi P.S. Case No. 679 of 2024, dated 11.12.2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3. As per allegation, 38 litre of illicit liquor has been recovered from the bush situated in an open space and as per further allegation, the petitioner and two other co-accused persons had thrown this illicit liquor at the place of recovery.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has nothing to do

Patna High Court CR. MISC. No.35448 of 2025(2) dt.18-06-2025 2/3 with the alleged offence and the whole case against the petitioner is based only on suspicion without any legal basis. As such, no prima facie case is made out against the petitioner under the Excise Act and the present anticipatory bail petition is maintainable. He further submits that co-accused persons have already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 06.03.2025 passed in Cr. Misc. No. 9394 of 2025.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.35448 of 2025(2) dt.18-06-2025 3/3 satisfaction of learned concerned Court Below, in connection with Chandi P.S. Case No. 679 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T