Arvind Yadav @ Aravinda Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2883 of 2025 Arising Out of PS. Case No.-382 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 :

Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Nawada (Nagar) P.S. Case No. 382 of 2021 instituted for the offences under Sections 33, 34, 36 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3.

As per prosecution case, the husband of the Informant has died after consuming spurious liquor. It is alleged that the Informant, later on, came to know that her husband had purchased wine from one Manti Devi and, thereafter, her husband, Deen Dayal Mishra and Akhilesh Mistri consumed the same. The other two persons are under treatment. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.2883 of 2025(2) dt.24-01-2025 2/3 against him and has falsely been implicated in the present case merely on the basis of suspicion. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner is not named in the F.I.R. and his name has transpired in this case on the basis of co-accused Manti Devi. Except confessional statement, there is nothing against the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has altogether twenty (19) criminal antecedents and is languishing in judicial custody since 07.04.2021 but remanded in judicial custody in this case since 28.03.2022.

5.

Learned counsel for the petitioner again submits that several co-accused have been granted regular bail by this Court, which is annexed at Anexure-P/2 series to the bail application.

6.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature and the petitioner has altogether nineteen criminal antecedents. 7.

Having heard rival contention of both the parties

Patna High Court CR. MISC. No.2883 of 2025(2) dt.24-01-2025 3/3 and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (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. 382 of 2021, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T