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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61329 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- RUDRAPUR District- Madhubani ====================================================== Naresh Kumar Yadav @ Naresh Yadav S/o Ram Kripal Yadav R/o VillageRudrapur Tola Koriya Patti, P.S.- Rudrapur, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-09-2025 Heard the parties.

2. The petitioner is apprehending arrest in connection with Rudrapur P.S. Case No. 06 of 2025 instituted under Sections 274, 275 of Bhartiya Nayay Sanhita, 2023 and section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 lodged on 28.01.2025 by the informant, Kundan Kumar.

3. As per the prosecution story, the police alleged that during patrolling, a motorcycle was intercepted and there is recovery/seizure of 750 ml. foreign liquor from the waist of VishnudeoYadav. He gave the name of this petitioner. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that only because he is the owner of the motorcycle, got implicated, the fact remains that the accused Vishnudeo Yadav stands arrested

Patna High Court CR. MISC. No.61329 of 2025(2) dt.23-09-2025 2/3 alongwith the liquor.

5. Learned APP opposes the prayer.

6. Considering the submissions of the parties as also that recovery/seizure is from Vishundeo Yadav, FIR is there, he shall be facing the trial and 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 his arrest or surrender before the subordinate court 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 the like amount each in connection with Rudrapur P.S. Case No. 06 of 2025 to the satisfaction of learned Special Judge Excise Act, Jhanjharpur, Madhubani subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other 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 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

Patna High Court CR. MISC. No.61329 of 2025(2) dt.23-09-2025 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (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 his bail bonds. (Rajiv Roy, J) Ravi/- U T