Subhash Kumar @ Subhash Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6686 of 2025 Arising Out of PS. Case No.-152 Year-2024 Thana- ARER District- Madhubani ====================================================== Subhash Kumar @ Subhash Kumar Yadav S/O Mahendra Yadav Resident of Village- Parkauli, Police Station- Arer, Dist.- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhavesh Kumar Sah, Advocate For the Opposite Party/s :
Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Arer P.S. Case No. 152 of 2024 arising out of G.R. No. 1648 of 2024 instituted for the offences punishable under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 70.920 litres of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.6686 of 2025(2) dt.12-02-2025 2/2 that petitioner is not the owner of the vehicle. It is further submitted that petitioner is only the driver of the vehicle in question and had no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 23.11.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Arer P.S. Case No. 152 of 2024 arising out of G.R. No. 1648 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T