Sajan Kumar @ Sajan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42734 of 2025 Arising Out of PS. Case No.-82 Year-2020 Thana- BAISI District- Purnia ====================================================== Sajan Kumar @ Sajan Kumar Yadav S/o Kamleshwari Yadav Resident of Village- Araria, P.S.- Parbatta, Distt- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Adv.
For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-08-2025 Heard Mr. Bhola Prasad, learned counsel for the petitioner and the State.
2. The petitioner is in custody in connection with Baisi P.S. Case No. 82 of 2020 for the offence punishable under sections 272, 273 of the Indian Penal Code and Section 30(a), 41, 47 of the Bihar Prohibition and Excise Act, 2016 lodged on 05.04.2020 by the informant, Rajaram Prasad.
3. As per the prosecution story, the informant alleged that during evening patrolling, upon information, a white colour pickup van was intercepted and 333 liters of foreign liquor recovered/seized. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he has already suffered by being in custody since 12.11.2024, though he has number of criminal antecedents of the same
Patna High Court CR. MISC. No.42734 of 2025(3) dt.29-08-2025 2/3 nature, if granted bail and if indulges in the same activity, the prosecution side shall be free to take immediate steps for the cancellation of the bail bonds and the last submission is that he shall be diligently appearing in trial.
5. Learned APP opposes the prayer for bail submitting that he has criminal antecedent.
6. Considering the submissions of the parties as also his period of custody coupled with the fact that an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Exclusive Special Judge, Court No. 1, Purnea in connection with Baisi P.S. Case No. 82 of 2020 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.42734 of 2025(3) dt.29-08-2025 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for six months to mark his attendance and at the end of the period, the certificate be submitted to the Court;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T