Pawan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57809 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- SAKRI District- Madhubani ====================================================== 1.

Pawan Kumar Yadav, S/O Sogarth Yadav R/O Village- Sakri Yadav Tol, P.S.- Sakri, District- Madhubani.

2.

Sanjiv Kumar @ Sanjiv Kumar Yadav S/O Fulo Yadav R/O Village- Sakri Yadav Tol, P.S.- Sakri, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagandeo Yadav, Advocate Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Sakri P.S. Case No. 107 of 2025, G.R. No. 829 of 2025 for the offences registered under Section 274, 275, 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise Act.

3. On getting secret information, police party reached at the marked place and arrested the petitioners. It is alleged that total 189 litres country made liquor was recovered and seized a motorcycle along with a Scooty.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.57809 of 2025(3) dt.09-10-2025 2/3 case. It is submitted that nothing has been recovered from possession of petitioners. Petitioners are neither owner nor rider of the seized motorcycle or the Scooty. Petitioners were at Hanuman Temple for Bhajan Kirtan but on suspicion they were caught by the police. Petitioner No. 1 has six criminal antecedents and Petitioner No. 2 has one criminal antecedent. They are in custody since 19.06.2025. Petitioners undertake to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioners.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioners, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise, Madhubani in connection with Sakri P.S. Case No. 107 of 2025, G.R. No. 829 of 2025, subject to following conditions:- (I) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(II) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on failure on two consecutive dates without sufficient

Patna High Court CR. MISC. No.57809 of 2025(3) dt.09-10-2025 3/3 reason, the trial Court may cancel the bail of the petitioners.

(Sunil Dutta Mishra, J.) rakhi/- U T