Green Yadav @ Green Kumar @ Pawan Kumar @ Pawan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69321 of 2025 Arising Out of PS. Case No.-6 Year-2025 Thana- YADOPUR District- Gopalganj ====================================================== Green Yadav @ Green Kumar @ Pawan Kumar @ Pawan Yadav S/o Suresh Yadav R/o Village- Hirapakad, PS- Jadopur, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh, Adv.
Mrs. Shambhavi, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-10-2025 Heard Mrs. Shambhavi, learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Jadopur (Yadopur) P.S. Case No. 06 of 2025 for the offence registered under sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution story, the informant alleged that on information, the Police reached near the Gandak river and there is recovery/seizure of 108 liter country made Bunti Bubli liquor from the two motorcycles. This led to the FIR.
4. It is the case of the petitioner that he does not own either of the two motorcycles, only because of criminal antecedent relating to scuffle with the locals, Police implicated.
Patna High Court CR. MISC. No.69321 of 2025(2) dt.09-10-2025 2/3 The last submission is that he is ready to abide by the terms ad conditions.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.
6. Taking into account the aforesaid facts as also that the recovery is from an open place not from his conscious possession nor the petitioner owns either of the two motorcycles, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-XIII-cum-Special Judge, Excise Court No. 1, Gopalganj in connection with Jadopur (Yadopur) P.S. Case No. 06 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.69321 of 2025(2) dt.09-10-2025 3/3 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;
(iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark attendance and at the end of the period, the certificate be submitted to the Court;
(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 the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T