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2025 DAILYLAW 46079 (PAT)

Shankar Yadav v. The State of Bihar

CR. MISC./33700/2025 · 2025-05-28

Sourendra Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33700 of 2025 Arising out of PS. Case No.-34 Year-2025 Thana- Amdanda District- Bhagalpur ====================================================== Shankar Yadav, Son of Ram Das Yadav, R/o Village- Ghathor, P.S.- Amdanda, District- Bhagalpur ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ved Prakash Chandan, Advocate For the Opposite Party/s: Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 2 28-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state. 2. The petitioner seeks bail in connection with Am- danda P.S. Case No. 34 of 2025 instituted for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act. He has no criminal antecedent. 3. The prosecution case is to the effect that on a secret information that petitioner is selling illicit liquor the police party conducted a raid and one person is stated to have fled away from the place of occurrence and on search total 33 litres of country-made liquor was recovered from the trunk kept in the house of the petitioner. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case, neither the Patna High Court CR. MISC. No.33700 of 2025(2) dt.28-05-2025 2/4 petitioner was apprehended at the place of occurrence nor any incriminating article has been recovered from the conscious physical possession of the petitioner. Learned counsel for the petitioner further submits that petitioner has falsely been impli- cated in this case on account of personal rivalry and the peti- tioner carries clean antecedent and is in custody since 23.03.2025. 5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and has submitted that 33 litres of country-made liquor has been re- covered from the trunk kept in the house of the petitioner. 6. Considering the aforesaid submissions of learned counsel and taking into account the fact that the petitioner has clean antecedent and is in custody since 23.03.2025, the peti- tioner above named, is directed to be released on bail on fur- nishing bail-bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise-I, Bhagalpur in connec- tion with Amdanda P.S. Case No. 34 of 2025, subject to the the following conditions:- (i) One of the bailors will be a close relative of the petitioner. Patna High Court CR. MISC. No.33700 of 2025(2) dt.28-05-2025 3/4 (ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court. (iii) In case of absence on two con- secutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iv) If any subsequent case of simi- lar nature is lodged against the petitioner, the prosecution shall be at liberty to approach the learned Court below for cancellation of bail of the petitioner. (v) And further condition that 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 crim- inal 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 above-mentioned order shall not be de- layed for purpose of the same or in the name of Patna High Court CR. MISC. No.33700 of 2025(2) dt.28-05-2025 4/4 verification. Vikash/- (Sourendra Pandey, J) U T