Pinku Yadav @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44782 of 2025 Arising Out of PS. Case No.-403 Year-2021 Thana- NAWADA District- Nawada ====================================================== Pinku Yadav @ Chandan Kumar S/O Late Chhotan Yadav R/O Vill.- Gondapur, P.S.- Nawada, Dist.- Nawada ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar, Adv.
For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Nawada P.S. Case No. 403 of 2021 dated 06.04.2021 registered for the offence punishable under Sections 30(a)(b)(c)(d) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
3. As per the prosecution case, on 06.04.2021, the police, on the basis of confessional statement of the accused Arvind Yadav, in Town P.S. Case No. 602 of 2020, raided his house and recovered 400 ML country made liquor alongwith gents and lady's garments etc., one Magic vehicle bearing Registration No. BR27P-1417 and a tractor bearing Registration No. BR27E-4823 from outside of his house. It is further alleged
Patna High Court CR. MISC. No.44782 of 2025(2) dt.24-07-2025 2/3 that behind the Mill of Shushum Ji near the wheat field, county made liquor packing machine, bag, packing punch, about 4 kg., plastic wrapper, 5 litres spirit, two 50-50 litres empty plastic containers were also recovered.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no incriminating article has been recovered from the possession of the petitioner. The petitioner is not named in the F.I.R. His name has surfaced in the present case on the basis of the confessional statement of the Arvind Yadav. The co-accused person has already been granted regular bail by this court vide order dated 21.04.2025 passed in Cr. Misc. No. 28138/2025. The petitioner has no concern with the alleged offence. The petitioner has nineteen (19) criminal antecedents as stated in paragraph no. 3 of the bail petition. The petitioner has remanded in this case on 05.09.2024 from Nawada P.S. Case No. 376/2021 and since then he is in custody.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond
Patna High Court CR. MISC. No.44782 of 2025(2) dt.24-07-2025 3/3 of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-Ist, Nawada in connection with Nawada P.S. Case No. 403 of 2021 with further condition:- (i) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T