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Patna High CourtCR. MISC./7553/2025bail granted

Binesh Yadav @ Vinesh Yadav v. The State Of Bihar

2025-02-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7553 of 2025 Arising Out of PS. Case No.-4 Year-2025 Thana- BARHARA District- Bhojpur ====================================================== Binesh Yadav @ Vinesh Yadav S/O Rameshwar Yadav R/O VillageKeshopur, P.S- Barahara, Distt.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Prasad Singh, Advocate For the Opposite Party/s :

Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Barahara PS Case No. 4 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 155.82 litres of foreign liquor was recovered from Tempo. 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 petitioner is the driver cum owner of the seized tempo. The petitioner is in custody since 09.01.2025 and has got no criminal

Patna High Court CR. MISC. No.7553 of 2025(2) dt.15-02-2025 2/2 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, clean antecedent of the petitioner 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 Barahara PS Case No. 4 of 2025.

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