Brinj Kumar @ Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67043 of 2025 Arising Out of PS. Case No.-166 Year-2025 Thana- PARASBIGHA District- Jehanabad ====================================================== Brinj Kumar @ Binod Yadav Son of Late Mahesh Yadav Resident of Village - Bishunpura, Police Station - Parasbigha, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh Mr. Fardeen Abbas, Advocates For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Parasbigha P.S. Case No. 166 of 2025 dated 30.06.2025, registered for the offence punishable under Sections 30(a) & 30(c) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 30 litres of illicit country made liquor from a orchard and 150 litres of fermented mahua java was also recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that nothing has been recovered from conscious possession of the petitioner rather the alleged

Patna High Court CR. MISC. No.67043 of 2025(2) dt.24-09-2025 2/3 recovery is made from the orchard which is an open place accessible to all. Petitioner has been made accused only on the basis of disclosure made by local Chowkidar. Lastly, it has been submitted that he has two criminal cases of similar nature against him.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Parasbigha P.S. Case No. 166 of 2025, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge-1, Jehanabad, subject to condition as laid down under Section 482(2) of B.N.S.S. as also to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit

Patna High Court CR. MISC. No.67043 of 2025(2) dt.24-09-2025 3/3 that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

5. The petitioner shall appear before the Police Station of his local area in the first week of each month till framing of the charge.

(Khatim Reza, J) Ranjeet/- U T