Vipin Yadav @ Vipin Kumar Yadav @ Bipin Kumar Yadav @ Bipin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36866 of 2025 Arising Out of PS. Case No.-242 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Vipin Yadav @ Vipin Kumar Yadav @ Bipin Kumar Yadav @ Bipin Yadav S/o- Ram Balak Yadav Resident of Village- Barwa, Ward No. 13, P.S.- Rajouli, District- Nawada, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-06-2025 Heard Mr. Man Mohan Kumar, learned counsel appearing on behalf of the petitioner and Mr. Anant Kumar 1, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Nawada Excise P.S. Case No. 242 of 2025 registered for the offence punishable under Section 30 (a) and 44 of the Bihar Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 90 litres of countrymade liquor from a motorcycle bearing Registration No. BR27L-0596.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case due to local village politics. Petitioner has no
Patna High Court CR. MISC. No.36866 of 2025(2) dt.18-06-2025 2/3 concern either with the motorcycle from which 90 litres of country-made liquor was recovered or with the alleged seized liquor nor he is involved in trade of liquor in any manner. The motorcycle was parked at an open place which is accessible to anyone. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner and submits that due to sale and consumption of illicit liquor, day after day, hooch tragedy occurs and the State Officials of different department appears to have facilitated smuggling and trade of illicit liquor inside the State of Bihar. As such, involvement of the petitioner cannot be ruled out from illicit trade of liquor.
6. Considering the fact that the recovery of 90 litres of country made liquor from a motorcycle bearing Registration No. BR27L-0596., which was parked at an open place and easily accessible to any one, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like
Patna High Court CR. MISC. No.36866 of 2025(2) dt.18-06-2025 3/3 amount each to the satisfaction of learned Exclusive Special Court, Excise 2, Nawada, in connection with Nawada Excise P.S. Case No. 242 of 2025, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T