Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4000 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Sanjay Yadav S/o Subhash Yadav Resident Of Village- Chitmath, Ps- Mairwa, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-02-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Siwan Excise P.S. Case No.147 of 2024, lodged under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. Learned counsel for the petitioner submits that the anticipatory bail application of the petitioner has earlier been rejected vide order dated 11.11.2024 passed in Cr. Misc. No.75625 of 2024.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that total 144 litres of illicit country made liquor has

Patna High Court CR. MISC. No.4000 of 2025(2) dt.12-02-2025 2/3 been made from the possession of the petitioner. He further submits that he has been falsely implicated in the present case.

5. Counsel further submits that petitioner is in custody since 22.11.2024 having three criminal antecedent in which he is on bail, including one antecedent mentioned in the supplementary affidavit of this bail petition.

6. Learned counsel for the State opposes the prayer for bail.

7. Upon specific query whether charge has been framed or not. Counsel submits that as per his knowledge, charge has not been framed till date.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed as well as on being satisfied by the trial court that the petitioner is not absconding in any of the cases which are pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Exclusive Special Judge, Excise Court No.II, Siwan in connection with Siwan Excise P.S. Case No.147 of 2024, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

Patna High Court CR. MISC. No.4000 of 2025(2) dt.12-02-2025 3/3

9. The details of the cases which are pending against the petitioner, are as follows:- i. Nautan P.S. Case No.288 of 2022.

ii. Nautan P.S. Case No.36 of 2023.

iii. Nautan P.S. Case No.199 of 2024.

(Dr. Anshuman, J.) Prakashmani/- U T