Patna High Court – Orders
Karu Yadav @ Karu Kumar vs The State Of Bihar on 4 June, 2025
Author: Anshuman
Bench: Anshuman
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34708 of 2025 Arising Out of PS. Case No.-904 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Karu Yadav @ Karu Kumar S/O Balchand Yadav Resident Of Village- Barawa, P.S- Rajauli, Distt.- Nawada. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Adv. For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 04-06-2025
Heard learned counsel for the petitioner and learned
APP for the State.
2. The present criminal miscellaneous application has
been filed under Sections 483 and 484 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter referred to as ‘the BNSS,
2023’) for grant of regular bail in connection with Nawada
(Excise) P.S. Case No.904 of 2024 lodged on 24.12.2024 under
Sections 30(a) and 47 of the Bihar Prohibition and Excise
(Amendment Act 2018 and 2022).
3. As per the prosecution, the total recovery of 120
litres of illicit country made wine have been made from two
motorcycle, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
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further submits that the petitioner has been falsely implicated in
the present case. He further submits that petitioner has not been
apprehended from the place of occurrence and he is not
registered owner of the said motorcycle. He further submits that
his name has figured in this case by virtue of disclosure of the
local persons. Counsel submits that petitioner is in custody since
19.04.2025 having one criminal antecedent.
5. Counsel further submits that in the earlier case also,
his name has figured by disclosure of the local persons. He
further submits that one of the co-accused has been granted
anticipatory bail by the Co-ordinate Bench of this Court vide
order dated 12.05.2025 passed in Cr. Misc. No.29248 of 2025.
6. Learned APP for the State opposes the prayer for
bail and submits that petitioner’s antecedent is not clean. There
is one criminal case pending against him.
7. In the present facts and circumstances of this case
and the submissions made above, let the petitioner above
named, be granted bail, but only after framing of charge, if
not framed, on furnishing bail bonds of Rs.30,000/- (Rupees
Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS,
2023 to the satisfaction of Exclusive Special Court, Excise-2,
Nawada in connection with Nawada (Excise) P.S. Case No.
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904/2024, subject to the following as laid down under Section
480(3) of the BNSS.
(Dr. Anshuman, J.)
Siddharth
Sagar/-
U T