Sunil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71261 of 2025 Arising Out of PS. Case No.-465 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== Sunil Yadav S/O Harilal Yadav Resident of Village- Kotha, P.S- Bankata, Distt.- Deoria (U.P).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-10-2025 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Siwan Excise P.S.Case No.465 of 2025, registered for the offences punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is that total 1035 ltrs. of illicit liquor has been recovered from a Scorpio bearing registration No.BR29PA7673. Petitioner along with co-accused Navlakh Yadav fled away from the place of occurrence.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case. Petitioner is neither owner nor driver of the said vehicle. Petitioner has clean antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

Patna High Court CR. MISC. No.71261 of 2025(2) dt.15-10-2025 2/2

6. Having considered the rival submissions made on behalf of the parties, I find that the learned District Court under such circumstances is required to obtain report from the District Transport Officer concerned, whether the Scorpio in question is registered in the name of the petitioner and not stolen one and if it is found that the Scorpio is not registered in the name of the petitioner and is not a stolen one, then in that case, the petitioner, above named, be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.I, Siwan in connection with Siwan Excise PS Case No.465 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

7. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

8. The present bail application stands disposed of. (Purnendu Singh, J) chn/- U T