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Patna High CourtCR. MISC./3250/2025bail granted

Gulshan Kumar Yadav v. The State Of Bihar

2025-01-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3250 of 2025 Arising Out of PS. Case No.-196 Year-2024 Thana- Raghunathpur Excise District- Siwan ====================================================== Gulshan Kumar Yadav S/o Prem Sagar Yadav R/o Village- Siswa Kala, P.S.- M.H. Nagar, Hasanpura, District- Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Raghunathpur Excise PS Case No. 196 of 2024 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 358.920 litres of foreign liquor was recovered from Honda City Car. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that neither the owner nor the driver of the seized vehicle. The

Patna High Court CR. MISC. No.3250 of 2025(2) dt.28-01-2025 2/2 petitioner is in custody since 27.12.2024 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Raghunathpur Excise PS Case No. 196 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T