IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34821 of 2025 Arising Out of PS. Case No.-423 Year-2023 Thana- BHORE District- Gopalganj ====================================================== Birjesh Yadav @ Vijesh Yadav @ Brijesh Yadav Son of Santosh Yadav Resident of Village - Kalyanpur Partiya Tola, P.S.- Bhore, Dist.- Gopalganj. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dharmveer, Advocate For the Opposite Party/s : Ms.Sharda Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 3 02-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner seeks bail in a case registered for the offences under Section 30(a)/ 41(1) of Bihar Prohibition and Excise Act. 3. As per the prosecution case, the police intercepted a bolero car and on seeing the police, four persons managed to escape, however the local chowkidar disclosed their names to be Ish Mohammad, Brijesh Yadav (petitioner). On search, total 256.60 liters of country made liquor was recovered. 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case and he was not apprehended from the place of seizure. It is next submitted that the petitioner has no concern with the Patna High Court CR. MISC. No.34821 of 2025(3) dt.02-07-2025 2/3 alleged recovery and no incriminating article has been recovered from his conscious physical possession. It is also submitted that the petitioner is not the owner of the said vehicle from which country made liquor was seized and his name has falsely been given by the local chowkidar. It is lastly submitted that the petitioner has two criminal antecedent and is in custody since 05.02.2025. 5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid submissions of the parties and also considering the period of custody of the petitioner, let the petitioner above- named, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned concerned, Gopalganj, in connection with Bhore P.S. Case No. 423/2023, subject to the following conditions:- a. One of the bailors of the petitioner shall be his close relative. b. The petitioner shall remain physically present in Court on each date of the trial. c. If the petitioner is found to be engaged in any other incident of similar nature the prosecution Patna High Court CR. MISC. No.34821 of 2025(3) dt.02-07-2025 3/3 shall be at liberty to approach the learned Court below for cancellation of bail of the petitioner. d. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned. e. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore- mentioned order shall not be delayed for purpose of or in the name of verification. 7. This application stands allowed. tusharika/- (Sourendra Pandey, J) U T