Raju Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70249 of 2025 Arising Out of PS. Case No.-116 Year-2025 Thana- Nehra District- Darbhanga ====================================================== Raju Kumar Yadav S/O Suraj Narayan Yadav @ Surya Narayan Yadav Resident of vill-FatehpurChhuria PS- Wazitpur,Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Adarsh Singh, Adv.

For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-10-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Nehra P.S. Case No. 116 of 2025 for the offence registered under sections 30(a) of Bihar Prohibition & Excise (Amendment) Act, 2018.

3. As per the prosecution story, on secret information, a motorcycle was intercepted and from the dikki, there is recovery/seizure of 3 liter foreign liquor. This led to the FIR.

4. Learned Counsel for the petitioner submits that he is not the owner of the motorcycle, only because of criminal antecedent, the Choukidar has named him.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

Patna High Court CR. MISC. No.70249 of 2025(2) dt.13-10-2025 2/3

6. Considering the submissions of the parties as also that he does not own the motorcycle, 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 Court of Special Judge Excise-II, Darbhanga, Bihar in connection with Nehra P.S. Case No. 116 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 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 six months to mark attendance and at the end of the period, the certificate be

Patna High Court CR. MISC. No.70249 of 2025(2) dt.13-10-2025 3/3 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