Santan Kumar Yadav Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15184 of 2025

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Arising Out of PS. Case No.-368 Year-2024 Thana- KUMAR KHAND District- Madhepura

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1. Santan Kumar Yadav S/O Siyaram Yadav Resident of village - Isarain Kala,P.S- Kumarkhand, District- Madhepura

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Pramod Yadav S/O Chhabilal Yadav Resident of village - Isarain Kala,P.SKumarkhand, District- Madhepura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Akash Anand, Advocate For the Opposite Party/s : Mrs. Rita Verma, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA

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ORAL ORDER

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2 10-04-2025

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Heard Mr. Akash Anand, learned counsel for the

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petitioners and Mrs. Rita Verma, learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest connection with Kumarkhand P.S. Case No. 368 of 2024, F.I.R. dated 20.12.2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2018.

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Recovery is of 15 liters of Chulai countrymade

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liquor.

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Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have falsely been implicated in the present case. He further submits that it appears

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Patna High Court CR. MISC. No.15184 of 2025(2) dt.10-04-2025 2/4

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from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioners rather recovery has been made from the motorcycle in question and the petitioners are not the owner of the motorcycle in question. He further submits that the name of the petitioners have been transpired on the basis of disclosure made by local choukidar and except the aforesaid, no other cogent material has come during investigation to suggest the involvement of the petitioners in the present occurrence. Therefore, the recovery cannot be attributed to the petitioners. There is non-compliance with mandatory procedure prescribed for recovery under Section 100 of Cr. P.C./ Section 103 of BNSS, 2023 No case, whatsoever, would be made out against the petitioners under the Bihar Prohibition and Excise Act.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for anticipatory bail of the petitioners referring the provision contained in Section 76(2) of the Bihar Prohibition and Excise Act and submitted that the prearrest bail would not be maintainable.

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This court is aware of the decision of the Full Bench in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019(2) P.LJ.R. 1089. Having regard to the law laid

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Patna High Court CR. MISC. No.15184 of 2025(2) dt.10-04-2025 3/4

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down in the aforesaid judgment and the submission advanced on behalf of the parties, this Court, for the limited purpose of grant of anticipatory bail, is inclined to accept the submission of counsel for the petitioners.

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Considering the aforesaid facts and the fact that the petitioners having clean antecedents and nothing has been recovered from conscious possession of the petitioners and the name of the petitioners have been transpired on the basis of disclosure made by local choukidar, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order. be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-Vth-cum-Special Judge, Court No. 1, Madhepura in connection with Kumarkhand PS. Case No. 368 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of BNSS, 2023 and with other following conditions:-

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Petitioners shall co-operate 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

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Patna High Court CR. MISC. No.15184 of 2025(2) dt.10-04-2025 4/4

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on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

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If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Ibrar//-

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U

Santan Kumar Yadav v. The State of Bihar

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Santan Kumar Yadav v. The State of Bihar

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