Chandeshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39730 of 2025 Arising Out of PS. Case No.-185 Year-2024 Thana- SRINAGAR District- West Champaran ====================================================== Chandeshwar Yadav S/O Nandlal Yadav @ Bablu Yadav R/o Village Mashan Dhab P.S.- Srinagar, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sujeet Kumar, Advocate For the Opposite Party/s :
Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Srinagar P.S. Case No. 185 of 2024 for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. Total 23.6 litres of Banti-Babli country made liquor has been recovered from white coloured plastic bag which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in the present case. The allegations against the petitioner is general in nature. The entire prosecution is based on suspicion and surmises and there is no any legal
Patna High Court CR. MISC. No.39730 of 2025(3) dt.27-06-2025 2/3 evidence or cogent material available to connect the petitioner with alleged offence in question. Learned counsel further submits that from the bare perusal of the F.I.R., it would be apparent that the present case is noting but an afterthought of informant to harass the petitioner in the present false and concocted case, so as to implicate an innocent person due to police mechanism. The petitioner has never dealt with liquor and nothing incriminating article of liquor has been recovered from the conscious possession of the petitioner.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, this Court is inclined to extend him the privilege of anticipatory bail.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the date of receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Special Judge, Excise-II, Bettiah at West Champaran, in connection with Srinagar P.S. Case No. 185 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with the following conditions:- (i) One of the bailors should be close relative of the petitioner.
Patna High Court CR. MISC. No.39730 of 2025(3) dt.27-06-2025 3/3 (ii) Petitioner shall co-operate in the trial and shall be physically present on each and every fixed date till framing of charge and on his absence on two consecutive dates without sufficient reason, his bail bonds may be cancelled by the learned trial Court.
(S. B. Pd. Singh, J) Ankit Kumar/- U T