Shival Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89395 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- RAHUI District- Nalanda ====================================================== Shival Yadav S/O Ramvriksh Yadav R/o - Kayampur, P.S.- Rahui, District - Nalanda ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the State :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Rahui P.S. Case No. 123 of 2025 for an offence registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. As per the prosecution case, 78.75 liters of illicit liquor was recovered.

4. It has been submitted by the learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in this case.

5. Learned counsel for the petitioner submits that the petitioner is ready to donate Rs. 25,000/- in some charitable organization without accepting his guilt.

Patna High Court CR. MISC. No.89395 of 2025(2) dt.23-12-2025 2/3

6. He further submits that the petitioner has no criminal antecedent.

7. Considering the aforesaid facts, this application is allowed.

8. Let the petitioner, above named, in the event of his arrest or surrender before the concerned Court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Special Excise Judge II Nalanda at Biharsharif in connection with ABP No. 2007/2025 arising out of Rahui P.S. Case No. 123 of 2025, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482 of the BNSS.

9. This is also subject to the condition that the petitioner shall deposit an amount of Rs. 25,000/- in Ramakrishna Mission Ashram, Gayaji Camp at I.A.S. Colony, Sideswar Ghar Aangan Complex Block-B, Domuhan, Bodh Gaya, Gaya and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

Patna High Court CR. MISC. No.89395 of 2025(2) dt.23-12-2025 3/3

10. As a condition of this order, the petitioner, after being released on anticipatory bail, is directed to mark his attendance at Kayampur Police Station on first and third Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

11. As the petitioner claims to have clean antecedent, the Court below, before accepting the bail bonds of the petitioner is directed to verify the antecedent of the petitioner. If the petitioner is found to be involved in any other case then the bail bonds of the petitioner shall not be accepted. (Sandeep Kumar, J) niku/- U T