Arvind Yadav @ Arvind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84966 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== Arvind Yadav @ Arvind Kumar Son of Late Chalitra Yadav Resident of Village- Shobhe Khap, P.S.- Narari Kala Khurd, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Mukul Kumari, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-01-2026 At the outset, learned counsel for the petitioner submits that she may be permitted to correct the date as mentioned in paragraph no. 4 of the bail application.
2. Permission is accorded.
3. Heard the learned counsel for the petitioner and learned APP for the State.
4. Petitioner, who is in custody, seeks bail in connection with Narari Kala Khurd P.S. Case No. 54 of 2025, G.R. No. 859 of 2025 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
5. As per the prosecution case, the police during patrolling intercepted a motorcycle, however, the person riding the motorcycle managed to escape. On search 75 liters
2/4 of country made liquor was recovered from the motorcycle.
6. The learned counsel for the petitioner submits that the petitioner happens to be the owner of the motorcycle and he has falsely been implicated in this case only because he happens to be the owner of the vehicle. He further submitted that no incriminating article has been recovered from the conscious possession of the petitioner and he has been named merely on account of the fact that he carries three criminal antecedents of similar nature. The learned counsel lastly submits that the petitioner is in custody since 29.09.2025.
7. The learned A.P.P. has vehemently opposed the prayer for bail.
8. Regard being had to the facts and circumstances of the case and taking note of the fact that the petitioner has remained in custody since 29.09.2025, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection Narari Kala Khurd P.S. Case No. 54 of 2025, G.R. No. 859 of 2025, subject to the following conditions:-
3/4 (i) One of the bailors of the petitioner shall be his close relative and the other shall be the local resident. (ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (vi) In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Aurangabad within fifteen days of his release with a copy of this order and every two weeks thereafter for the next
4/4 nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) aditya/- U T