ANTICIPATORY BAIL 200 of 2023 on 25 December 2023

223-09-2025

IN THE HIGH COURT OF JUDICATURE AT PATNACRIMINAL MISCELLANEOUS No.61182 of 2025

Arising Out of PS. Case No.-200 Year-2023 Thana- SAHAR District- Bhojpur ======================================================

Pawan Yadav @ Pawan Kumar S/O Late Nandkumar Yadav R/O Village-Baghi, P.S- Sahar, Distt.- Bhojpur (Ara).

... ... Petitioner/sVersus

The State of Bihar

Heard the parties.

2. The petitioner is apprehending his arrest in connection with Sahar P.S. Case No. 200 of 2023 registered forthe offence under Sections 30(a) of the Bihar Prohibition andExcise Act, lodged on 25.12.2023 by the informant, AjayKumar.

3. As per the prosecution story, the informant allegedthat on the sight of the Police, a person threw the plastic jar andescaped and there is recovery/seizure of 15 liters country madeliquor, the chowkidar named this petitioner. This led to the F.I.R.

4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession andhas no criminal antecedent, due to enmity, the chowkidar namedhim and if granted relief, he shall be diligently appearing in trial.

5. Learned APP opposes the prayer.

6. Taking into account the submissions of the parties as also the fact that he has no criminal antecedent and nothinghas been recovered from his conscious possession, anundertaking has been given that he shall be diligently appearingin trial, in that background, this Court is inclined to extend himthe privilege of anticipatory bail.

7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from thereceipt of this order, on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of like amount each to thesatisfaction of learned Exclusive Special Excise Judge-II,Bhojpur at Ara, in connection with Sahar P.S. Case No. 200 of2023 subject to the conditions as laid down under Section438(2) of the Cr.P.C., as also with the following conditions:-

(i) one of the bailor should be the familymember/relative of the petitioner who shall provide officialdocument to show his/her bona fide;

(ii) the petitioner shall appear on each and every datebefore the Trial Court and failure to do so for two consecutivedates without plausible reason will entail cancellation of his/her vinayak/- UT

bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concernedpolice station every fortnight for next six months to mark hisattendance and at the end of the period a certificate be submittedbefore the Trial Court failing which the State shall be at libertyto take steps for cancellation of bail bonds;

(iv) the petitioner shall in no way try to induce orpromise or threat the witnesses or tamper with the evidences,failing which the State shall be at liberty to take steps forcancellation of the bail bonds;

(v) the petitioner shall desist from committing anycriminal offence again, failing which the State shall be at libertyto take steps for cancellation of bail bonds.

(Rajiv Roy, J)