Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8038 of 2025 Arising Out of PS. Case No.-102 Year-2024 Thana- Excise Dumraon District- Buxar ====================================================== 1.

Upendra Yadav Son of Bikrama Yadav Resident of Village - Madhopur, P.S. - Kotwali, District - Balia (UP) 2.

Sanjay Yadav Son of Dhupan Yadav Resident of Village - Ghorahra, P.S. - Dubha, District - Balia (UP) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Dimpal Kumari, Advocate For the Opposite Party/s :

Mr .Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Excise (Dumraon) PS Case No. 102 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 69.12 litres of foreign liquor was recovered from Maruti Suzuki Car. 4.

Learned counsel for the petitioners submit that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that petitioner no. 1 is the driver and petitioner no. 2

Patna High Court CR. MISC. No.8038 of 2025(2) dt.17-02-2025 2/2 is the co-driver of the seized car and they have no knowledge regarding the nature of goods kept in the vehicle. The petitioners are in custody since 23.10.2024 and has got no 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 petitioners. 6.

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

7.

Let the petitioners 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 Excise (Dumraon) PS Case No. 102 of 2024.

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