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Patna High CourtCR. MISC./59562/2025bail granted

Satendra Yadav @ Satendra Kumar Yadav v. The State Of Bihar

2025-09-22Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59562 of 2025 Arising Out of PS. Case No.-258 Year-2025 Thana- MANJHI District- Saran ====================================================== 1.

Satendra Yadav @ Satendra Kumar Yadav Son of Bihari Yadav R/o Village - Chainpur, P.S. - Manjhi, Dist. - Saran 2.

Jitendra Yadav @ Jitendra Kumar Yadav Son of Bihari Yadav R/o Village - Chainpur, P.S. - Manjhi, Dist. - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-09-2025 Heard the parties.

2. The petitioners are apprehending their arrest in connection with Manjhi P.S. Case No. 258 of 2025 for the offence under section 30(a) of the Bihar Prohibition and Excise Act lodged on 09.07.2025 by the informant, Vinesh Prasad.

3. As per the prosecution story, the Police during night patrolling intercepted the accused persons who started leaving the place after throwing the bags. D.M. Saheb and Pinku Kumar was arrested alongwith 70.965 liters of beer/wine and they named the petitioners. This led to the FIR.

4. Learned counsel for the petitioners submit that nothing has been recovered from their conscious possession nor

2/4 have any criminal antecedent only because those arrested gave the name, got implicated and they shall be diligently appearing in trial. The last submission is that without accepting the allegation and/or the outcome of the present case, the petitioners intend to contribute Rs. 10,000/- each (totalling Rs. 20,000/-) to the District Legal Services Authority, Saran for beautification/for the purchase of sanitary vending machine, whichever is required in the Civil Court Campus of Saran Judgeship through Demand Draft issued by the local branch of the State Bank of India.

5. Learned APP opposes the prayer submitting that arrested persons have named them

6. Taking into account the submissions of the parties as also that the petitioners have no criminal antecedent, their name has come in the confession of the arrested persons and nothing has been recovered from their conscious possession, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions subject to payment of Rs. 10,000/- each (totalling Rs. 20,000/-) to the District Legal Services Authority, Saran at Chapra for beautification/for the purchase of sanitary vending machine, whichever is required in the Civil Court Campus of Saran at

3/4 Chapra Judgeship through Demand Draft issued by the local branch of the State Bank of India and the receipt of the expenditure shall be submitted to the trial Court by the DLSA, Saran at Chapra.

7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the 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 2nd Exclusive Special Excise Judge, Saran at Chapra/concerned Court in connection with Manjhi P.S. Case No. 258 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document to show his/her bona fide;

(ii) the petitioners 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 their bail bond by the Trial Court itself;

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

4/4 (iv) the petitioners 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 petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

8. A copy of the order be sent to the Principal District and Sessions Judge, Saran at Chapra for his/her perusal and needful.

(Rajiv Roy, J) Adnan/- U T