Patna High CourtCR. MISC./6251/2025bail granted

Hira Kumar Yadav v. The State Of Bihar

2025-01-30Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6251 of 2025 Arising Out of PS. Case No.-319 Year-2024 Thana- LADANIA District- Madhubani ====================================================== Hira Kumar Yadav S/o- Satyanarayan Yadav Resident of Village- Govindpur, P.S.- Ladaniya, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha, Adv.

For the Opposite Party/s :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner prays for and is allowed to make necessary correction in the instant bail petition in course of the day.

3. The petitioner seeks bail in connection with Ladaniya P.S. Case No. 319 of 2024 (G.R. No. 1381 of 2024) instituted for the offences under Sections 274, 275, 317(5), 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.

4. As per prosecution case, the police has recovered total 450 liters illicit liquor from the Scorpio bearing Regd. No. MH04DJ-7900.

Patna High Court CR. MISC. No.6251 of 2025(2) dt.30-01-2025 2/3

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to dirty village politics. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner is neither owner nor driver of the alleged Scorpio bearing Regd. No. MH04DJ-7900 and Red colour four wheeler Honda City bearing Regd. No. WB06-6744. The petitioner has nothing to do with the seized vehicles and liquor. There is a non-compliance of Section 100 of the Cr.P.C. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 03.10.2024 without any rhymes or reason.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, 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

Patna High Court CR. MISC. No.6251 of 2025(2) dt.30-01-2025 3/3 Court in connection with Ladaniya P.S. Case No. 319 of 2024 (G.R. No. 1381 of 2024) .

(Rudra Prakash Mishra, J) rishi/- U T