Ful Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91200 of 2025 Arising Out of PS. Case No.-383 Year-2025 Thana- PURNEA SADAR District- Purnia ====================================================== Ful Kumar Yadav S/o Jagbali Yadav Resident of Village - Alihanagar (Karandigghi), P.S - Karandigghi, District - Uttar Dinajpur, State - West Bengal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mrs. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sadar P.S. Case No. 383 of 2025 registered for the offence punishable under Sections 111(i)(ii), 338, 336(3) of the B.N.S., 2023 and Sections 30(a), 36, 41(2) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution in short is that there is an allegation of recovery of altogether 4278.18 liters of illicit liquor from three vehicle.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner has been falsely

Patna High Court CR. MISC. No.91200 of 2025(2) dt.06-02-2026 2/3 implicated in connection with the present case. He also submits that the petitioner was not apprehended from the spot. The petitioner is neither owner nor the driver of the seized vehicle and he is implicated in this case on the basis of confessional statement of the accused who was in police custody. He also submits that on the basis of that confessional statement, no recovery has been made from the possession of this petitioner. He further submits that similarly situated co-accused namely, Bikram Kumar Poddar has been granted bail by the learned coordinate bench of this court vide Cr. Misc. No. 77636 of 2025. Moreover, a statement has been made in para-3 of bail the petition that the petitioner is having no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Considering the nature of allegation against the petitioner, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below 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 Special Judge, Excise 1st Class, Purnea in connection with Sadar P.S. Case No. 383 of 2025 subject to the condition as laid down

Patna High Court CR. MISC. No.91200 of 2025(2) dt.06-02-2026 3/3 under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Ashok Kumar Pandey, J) Sudhanshu/- U T