Durganand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8969 of 2025 Arising Out of PS. Case No.-111 Year-2024 Thana- SAKATPUR District- Darbhanga ====================================================== Durganand Yadav Son of Ghuran Yadav Resident of Village - Nirmala, Police Station - Lakhnaur, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sakatpur PS Case No. 111 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 609 litres of Nepali liquor was recovered from one Scorpio and two motorcycles.

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 not the owner of the any one of the seized

Patna High Court CR. MISC. No.8969 of 2025(2) dt.07-02-2025 2/2 vehicles. It is further submitted that the name of the petitioner has transpired on the basis of confessional statement of arrested co-accused persons namely, Sunil Yadav and Shatrughan Yadav. The petitioner is in custody since 17.11.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail passed by this Court vide order dated 23.01.2025 in Cr. Misc. No. 1067 of 2025.

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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sakatpur PS Case No. 111 of 2024.

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