Devendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71290 of 2025 Arising Out of PS. Case No.-260 Year-2025 Thana- KATORIYA District- Banka ====================================================== Devendra Yadav Son of Vipat Yadav Resident of Village - Damodara, P.O. - Kamdeodih, P.S. - Katoriya, Dist. - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, 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 Katoriya P.S.Case No.260 of 25, registered for the offences punishable under 30(a) of Bihar Prohibition and Excise Act.

3. As per the allegation made in the FIR, total 10 ltrs. of country-made liquor and 3 ltrs. of foreign liquor has been recovered from the dikky of a motorcycle, which is registered in the name of the petitioner.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and nothing has been recovered from his conscious possession. Learned counsel further submitted that at the time of occurrence, the petitioner was available at Kolkatta and he has no knowledge who had taken his motorcycle from his wife. Petitioner has clean antecedent.

Patna High Court CR. MISC. No.71290 of 2025(2) dt.15-10-2025 2/2

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

6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that at the time of occurrence, the petitioner was available at Kolkatta and anyone took his motorcycle from his wife, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge, Exclusive Excise Court -2, Banka/concerned court, in connection with Katoriya P.S.Case No.260 of 2025, subject to conditions as laid down under Section 482(2) of BNSS of 2023

7. The learned 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 Para-3 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