Patna High CourtCR. MISC./61262/2025bail granted

Vinod Yadav @ Binod Yadav v. The State Of Bihar

2025-09-23Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61262 of 2025 Arising Out of PS. Case No.-459 Year-2019 Thana- SAUR BAZAR District- Saharsa ====================================================== Vinod Yadav @ Binod Yadav S/o Nand Lal Yadav R/o Village- Dighiya, B.S. Patti Ward No. 3, P.S.- Saharsa Sadar, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard Mr. Amarnath Jha, learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Saur Bazar (Patarghat O.P.) P.S. Case No. 459 of 2019 for the offence registered under section 30(a) of the Bihar Prohibition and Excise Act lodged on 18.11.2019 by the informant, Uday Kumar Singh.

3. As per the prosecution story, the police on secret information, intercepted a motorcycle and there is recovery/seizure of 30 litres country made liquor, this led to the FIR.

4. Learned Counsel for the petitioner submits that nothing has been recovered from his conscious possession, it was given to his friend little realising that the same shall be use for carrying liquor and only implicated because of criminal

Patna High Court CR. MISC. No.61262 of 2025(2) dt.23-09-2025 2/3 antecedent. If granted relief, he shall be diligently appearing in trial.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

6. Taking into account the aforesaid facts as also that an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to grant him the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-II, Saharsa in connection with Saur Bazar (Patarghat O.P.) P.S. Case No. 459 of 2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his 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 bail

Patna High Court CR. MISC. No.61262 of 2025(2) dt.23-09-2025 3/3 bond by the Trial court itself;

(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark attendance;

(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 the bail bonds. (Rajiv Roy, J) Raj Ranjan/- U T