IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32823 of 2025 Arising Out of PS. Case No.-187 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== Kaju Yadav Son of Lalo Yadav R/O Vill- Devipur, P.S.- Akabarpur, District- Nawada ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 35699 of 2025 Arising Out of PS. Case No.-187 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== Navlesh Kumar @ Navlesh Yadav S/O Ganesh Yadav @ Ganesh Parsad Resident Of Village- Lohsinghna, Ps- Akbarpur, District- Nawada ... ... Petitioner/s Versus The State Of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 32823 of 2025) For the Petitioner/s : Mr.Shankar Kumar, Advocate For the Opposite Party/s : Ms.Sangeeta Sharma, APP (In CRIMINAL MISCELLANEOUS No. 35699 of 2025) For the Petitioner/s : Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 2 26-05-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners seek bail in connection with Akbarpur P.S. Case No. 187/2025 registered for the offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. Patna High Court CR. MISC. No.32823 of 2025(2) dt.26-05-2025 2/5 3. As per the prosecution case, the informant on secret information had intercepted a motorcycle and recovered 20 liters of illicit liquor. Subsequently, another information was received wherein it was stated that five persons were engaged in packaging the illicit liquor in the forest area. When the raid was conducted, all the persons fled away and the chowkidar is said to have identified the persons, including the petitioners. It has further been alleged that on another secret information, two persons were chased and one person was apprehended, who disclosed his name as Vijay Manjhi and 40 liters of country made liquor was recovered from the motorcycle. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case merely on the ground of suspicion. Learned counsel further submits that no incriminating article has been recovered either from the possession of the petitioners or from their house. From perusal of the FIR, it is evident that the said five persons were seen fleeing away, however, the chowkidar named the petitioners. Learned counsel further submits that the said packaging of liquor is Patna High Court CR. MISC. No.32823 of 2025(2) dt.26-05-2025 3/5 admittedly stated to have been made in the forest area. It is lastly submitted that the petitioner namely Kaju Yadav has clean antecedent and petitioner namely Navlesh Kumar has two criminal antecedents and they are in custody since 16.04.2025. 5. Learned APP for the State has opposed the prayer for bail of the petitioners and submits that the petitioners were found involved in packaging of illicit liquor in the forest area. 6. Considering the aforesaid facts and circumstances of the case and taking into account that the petitioners were not apprehended from the place of occurrence and no incriminating article has been recovered from their conscious possession and the petitioner namely Navlesh Kumar has two criminal antecedents but not of similar nature while the petitioner namely Kaju Yadav has clean antecedent, let the petitioners above-named be enlarged on bail on depositing a sum of Rs. 5,000/- by petitioner namely Navlesh Kumar and Rs. 3,000/- by petitioner namly Kaju Yadav before the Patna High Court Legal Services Committee, Patna and a receipt of the same Patna High Court CR. MISC. No.32823 of 2025(2) dt.26-05-2025 4/5 shall be furnished before the learned Court below at the time of furnishing bail bond. Thereafter, they shall furnish bail bond of Rs. 10,000/- (Rupees Ten Thousand) by each of them with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Nawada in connection with Akbarpur P.S. Case No. 187/2025 subject to the conditions :- a. One of the bailors of the petitioners shall be their close relative. b. The petitioners shall remain physically present in Court on each date of the trial. c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to the cancelled by the court concerned. d. 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 antecedent, the court below shall take step for Patna High Court CR. MISC. No.32823 of 2025(2) dt.26-05-2025 5/5 cancellation of bail bond of the petitioners. 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. e. If the petitioners are found to be apprehended in any other incident of similar nature the prosecution shall be at liberty to approach the learned Court below for cancellation of bail of the petitioners. tusharika/- (Sourendra Pandey, J) U T