Barun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74890 of 2025 Arising Out of PS. Case No.-257 Year-2025 Thana- DHAMDAHA District- Purnia ====================================================== 1.

Barun Yadav S/o Late Maheshwari Yadav R/o Village - Khanuaa (Khanuwa), P.S - Dhamdaha, District - Purnea 2.

Pappu Kumar @ Pappu Yadav S/o Barun Yadav R/o Village - Khanuaa (Khanuwa), P.S - Dhamdaha, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-11-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that the petitioners have antecedent of one case and allegation is of recovery of allegation is of recovery of 30.87 litres of liquor from a jute field and 87.8 litres of liquor from a tractor. 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and are not the owner

Patna High Court CR. MISC. No.74890 of 2025(2) dt.11-11-2025 2/3 of the seized tractor nor the jute field belongs to them and they came to be implicated based on confessional statement of Ram Kumar in police custody which does not have any evidentiary value. It is next submitted that police in a mechanical manner, implicates either at the instance of Chowkidar, local person, confessional statement or secret information. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dhamdaha P.S. Case No. 257 of 2025 subject to the conditions as laid down under Section Section 482(2) of the BNSS. 7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioners have antecedent of more than one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their

Patna High Court CR. MISC. No.74890 of 2025(2) dt.11-11-2025 3/3 antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioners have antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Sumit/- U T