Sikandar Yadav @ Sikandar @ Sikendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.963 of 2025 Arising Out of PS. Case No.-291 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Sikandar Yadav @ Sikandar @ Sikendra Yadav S/O Raj Narayan Yadav R/O village- Yogia Simratol, P.S.- Ladaniya, Dist - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Pallavi, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-02-2025 Heard Ms. Kumari Pallavi, learned counsel appearing on behalf of the petitioner and Mr. Mritunjay Kumar Nirala, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Jaynagar P.S. Case No. 291 of 2024 registered under Section(s) 274, 275, 317(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, total 1502.64 liters of illicit liquor was recovered from a van bearing
Patna High Court CR. MISC. No.963 of 2025(2) dt.15-02-2025 2/3 Registration No.BR07GC0190.
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Petitioner is not the owner of the aforesaid vehicle. Petitioner has no concern with the alleged seized liquor. Petitioner is not involved either in manufacturing or in trade of illicit liquor, which is prohibited in the State of Bihar. Name of the petitioner has surfaced on the basis of confessional statement of the co-accused namely Lalan Kumar Yadav in police custody, which has no evidentiary value in the eye of law. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the facts and circumstances of the case, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Addl. Sessions Judge-II-cum-Special Judge, Excise, Madhubani in connection with Jaynagar P.S. Case No. 291 of 2024, subject
Patna High Court CR. MISC. No.963 of 2025(2) dt.15-02-2025 3/3 to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J.) Ashishsingh/- U T