Indal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71804 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- YADOPUR District- Gopalganj ====================================================== Indal Yadav S/o- Somari Yadav Village- Bhatwa (Mehdiya) PS- Yadopur District-Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Jadopur (Yadopur) P.S. Case No. 15 of 2025 dated 29.01.2025, instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The allegation is of recovery of 90 litres country made liquor from the bank of Hirapakad Dam.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the alleged illicit liquor has been recovered from the bank of Hirapakad Dam, which is an open place and accessible to all. The petitioner has been made accused in this case only on the basis of secret information and
Patna High Court CR. MISC. No.71804 of 2025(2) dt.15-10-2025 2/3 disclosure made by the local chowkidar. Lastly, it has been submitted that petitioner has five criminal cases against him out of which, two is of similar nature.
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 Jadopur (Yadopur) P.S. Case No. 15 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 Additional Sessions Judge- XIII-cum-Special Judge, Excise Court No. 1, Gopalganj, subject to condition as laid down under Section 482(2) of the 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.
Patna High Court CR. MISC. No.71804 of 2025(2) dt.15-10-2025 3/3
3. The bailor shall also state on affidavit 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 within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in this case. (Khatim Reza, J) Sankalp/- U T