Raju Yadav @ Raju Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61148 of 2025 Arising Out of PS. Case No.-468 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Raju Yadav @ Raju Prasad Yadav S/o Sakaldeo Yadav R/o Village - Kaji Katar, Ward no. - 14, P.S - Akbarpur, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the State :
Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Excise P.S. Case No. 468 of 2025 registered for the offence under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, lodged on 09.07.2025 by the informant, Nitish Kumar.
3. As per the prosecution story, the Police upon information saw five motorcycles coming, though some managed to escape and there is recovery/seizure of total 114 liters country made liquor. The local gave the name of the accused who escaped, including the petitioner. This led to the F.I.R.
4. Learned counsel for the petitioner has taken this Court to paragraph no.8 of the petition to show that the
Patna High Court CR. MISC. No.61148 of 2025(2) dt.23-09-2025 2/3 motorcycle does not belong to him nor he has criminal antecedent and if granted relief, he shall be diligently appearing in trial.
5. Learned APP opposes the prayer.
6. Taking into account the submissions of the parties as also the fact that he do not own the motorcycle nor he has criminal antecedent and 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 anticipatory bail.
7. Let the petitioner 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) with two sureties of like amount each to the satisfaction of learned Exclusive Special Court, Excise-2, Nawada, in connection with Excise P.S. Case No. 468 of 2025 subject to the conditions as laid down under Section 438(2) of the Cr.P.C., as also with 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
Patna High Court CR. MISC. No.61148 of 2025(2) dt.23-09-2025 3/3 dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (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 bail bonds. (Rajiv Roy, J) vinayak/- U T