Arvind Yadav @ Aravinda Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89869 of 2024 Arising Out of PS. Case No.-680 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/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in Nawada (Nagar) P.S. Case No. 680 of 2021, instituted for the offences punishable under Sections 33, 34 and 36 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that, a U.D. case was registered and during investigation, it was found that father of the informant died due to consumption of adulterated wine and later on F.I.R has been registered.

4.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.89869 of 2024(2) dt.09-01-2025 2/3 possession of the petitioner. Charge-sheet has been submitted in this case. The name of the petitioner transpired in this case on the basis of confessional statement of co-accused person. The petitioner is in custody since 19.01.2023 and has got twenty criminal antecedents. Other co-accused has been granted bail by this Court vide order dated 27-02-2024, passed in Cr. Misc. No. 12267 of 2024. It is lastly submitted that vide- Annexure- P/2 several accused persons have been granted bail by a Co-ordinate Bench of this Court.

5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada (Nagar) P.S. Case No. 680 of 2021, subject to the following conditions:- (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.89869 of 2024(2) dt.09-01-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses of the case by intimidating/pressurizing the witnesses, during the investigation or trial, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (IV) If the petitioner is found indulged in any criminal activity or commission of any crime after being released on bail, the prosecution will be at liberty to file an appropriate application before the court below for cancellation of his bail. (Rudra Prakash Mishra, J) Raj Kishore/- U T