Prince Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64465 of 2025 Arising Out of PS. Case No.-464 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== Prince Yadav Son of Anil Yadav Resident of Village - Varpaliya, P.S.- Guthani, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Siwan (sadar) Excise P.S. Case No. 464 of 2025 registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the F.I.R., recovery of total 72 litres of country made liquor has been made from a motorcycle bearing Reg. No. BR29BE7601 which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He has got no criminal antecedent. There is no recovery has been made from the conscious possession of the petitioner rather the same has been recovered from the motorcycle. The
Patna High Court CR. MISC. No.64465 of 2025(2) dt.23-09-2025 2/2 petitioner is the owner of the seized motorcycle, except this, there is nothing against the petitioner. It is also submitted that the seizure list was prepared without compliance of statutory provision and it seems doubt about the prosecution's case. Petitioner is in custody since 17.07.2025.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. II, Siwan in connection with Siwan (sadar) Excise P.S. Case No. 464 of 2025 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T