Arvind Yadav @ Aravinda Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1707 of 2025 Arising Out of PS. Case No.-375 Year-2021 Thana- NAWADA District- Nawada ====================================================== Arvind Yadav @ Aravinda Yadav S/O Late Chhotan Yadav Resident of Village- Gondapur, P.S.- Nawada (Nagar), District- Nawada. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Man Mohan Kumar, Advocate For the Opposite Party/s :
Mr.Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-01-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Nawada P.S. Case No. 375 of 2021 registered for the offence under Sections 33, 34 and 36 of Bihar Prohibition and Excise Act, 2016.
3. The accused/petitioner is not named in the F.I.R. and is in custody since 30.11.2022.
4. The allegation against the petitioner is to involve in illegal activities of illicit liquor alongwith other co-accused persons, where after consumption brother of informant died.
5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced in present case during the course of investigation on the basis of
Patna High Court CR. MISC. No.1707 of 2025(2) dt.31-01-2025 2/3 confessional statement of co-accused Manti Devi, where no incriminating material recovered/surfaced during the course of investigation to connect this petitioner with present occurrence. It is submitted that as petitioner found involved in 20 cases of similar nature, his name also implicated with present case only on the basis of suspicion arises out of those 20 criminal antecedents, wherein also in almost all cases, name of petitioner surfaced on the basis of confessional statement, as of the present case.
In this context, it is pointed out that merely on the basis of criminal antecedent, bail of the petitioner cannot be denied, if the merit of the case otherwise convincing and the balance of same appears prima-facie in favour of the petitioner. In support of his submission learned counsel relied upon the legal report of Hon'ble Supreme Court, as available through Prabhakar Tewari Vs. State of Uttar Pradesh and Another, reported as [(2020) 11 SCC 648], where it was held that criminal antecedents are not the sole criteria for rejecting the bail of petitioner. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, charge-sheet has been submitted, as
Patna High Court CR. MISC. No.1707 of 2025(2) dt.31-01-2025 3/3 such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. Considering the facts and circumstances as mentioned above, as save and except confessional statement of co-accused no incriminating material recovered/surfaced to connect this petitioner with present occurrence of illegal trading of alleged spurious liquor, which cause death of the brother of informant, coupled with the fact that charge-sheet has already submitted, let the petitioner, above named, is directed to be released on bail in connection with Nawada P.S. Case No. 375 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-1st, Nawada/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C./Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Rajeev/- U T