Surendra Yadav @ Surendra Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71848 of 2025 Arising Out of PS. Case No.-108 Year-2025 Thana- ANDHRAMATH District- Madhubani ====================================================== Surendra Yadav @ Surendra Kumar Yadav S/O Late Budhan Yadav R/O Village- Chhatapur, P.S- Andhramath, District- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr. Arun Kumar, 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 Andharamath P.S. Case No. 108 of 2025 dated 15.06.2025, instituted for the offence punishable under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
3. The allegation is of recovery of 801 litres Nepal liquor from the bamboo orchard situated near the house of Manshi Yadav.
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 seized illicit liquor has been recovered from the bamboo orchard which does not belong to
Patna High Court CR. MISC. No.71848 of 2025(2) dt.15-10-2025 2/3 the petitioner. Petitioner has no concern either with bamboo orchard or illicit liquor. It is next submitted that the petitioner has been made accused in this case only on the basis of secret information and disclosure made by the local chowkidar. Lastly, it has been submitted that petitioner has six criminal case against him.
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 Andharamath P.S. Case No. 108 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 Special Judge, Excise Act, Jhanjharpur, DistrictMadhubani, 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.
Patna High Court CR. MISC. No.71848 of 2025(2) dt.15-10-2025 3/3
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
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