Dismissed¶19

Bindu Yadav v. The State of Bihar

Patna HC18 Apr 2025CR. MISC./18410/2025

Case brief

AI extract

What is this about?

Bindu Yadav v. The State of Bihar, Patna High Court, Cr. Misc. No.18410 of 2025, decided 18-04-2025 by Justice S. B. Pd. Singh — anticipatory bail rejected; Section 47(A) Excise Act case of 2007 (Nawada) involving recovery of 900 Kg Jawa Mahua; application held belated (cause of action 2007, application 2025); direction that surrender and confession before Trial Court would attract expeditious orders as per law existing at FIR registration.

What did the court decide?

Since the cause of action arose in the year 2007 but the petitioner filed the present anticipatory bail application only in 2025, this Court was not inclined to grant the privilege of anticipatory bail; the prayer for anticipatory bail stands rejected. ¶19

Bindu Yadav Vs The State of Bihar — Patna HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18410 of 2025

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Arising Out of PS. Case No.-16 Year-2007 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada

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======================================================

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Bindu Yadav S/o- Latan Yadav @ Nehru Yadav Village- Lila bigha Police station- Warisaliganj District- Nawada

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sunil Kumar For the Opposite Party/s : Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER

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2 18-04-2025

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Heard learned counsel for the petitioner and

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learned APP for the State.

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The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 47(A) of the Excise Act.

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There is recovery of 900 Kg Jawa Mahua from the place of the petitioner. The petitioner is alleged to have fled away from the place of seizure.

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It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not

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Patna High Court CR. MISC. No.18410 of 2025(2) dt.18-04-2025 2/3

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apprehended from the spot nor anything has been recovered from the conscious possession of the petitioner. The petitioner had no knowledge about the present case which was lodged in the year 2007. The petitioner was neither summoned nor any notice was served to the petitioner and suddenly the police came at the house of the petitioner in December, 2024 then the petitioner came to know about the present case.

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Learned A.P.P appearing on behalf of the State

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has vehemently opposed the prayer for bail of the petitioner and submitted that illicit liquor was recovered from the place of the petitioner and he has been absconding from 17 years.

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Considering the fact that for the cause of action arose in the year, 2007, the petitioner has filed the present anticipatory bail application in the year 2025, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The prayer for grant of anticipatory bail to the petitioner stands rejected.

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However, if the petitioner surrenders before learned Trial Court and confess his guilt, appropriate

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Patna High Court CR. MISC. No.18410 of 2025(2) dt.18-04-2025 3/3

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orders will be passed by the learned Court below, expeditiously, as per the law existing at the time of registration of the F.I.R.

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(S. B. Pd. Singh, J)

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Shageer/-

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U T