Shyam Sunder Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8876 of 2025 Arising Out of PS. Case No.-180 Year-2024 Thana- ANDHRATHARHI District- Madhubani ====================================================== Shyam Sunder Yadav Son of Late Uttim Lal Yadav Resident of village - Andhra, P.S.- Andhrathadhi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with G.R. No. 891 of 2024 arising out of Andhrathadhi PS Case No. 180 of 2024 instituted for the offences under Sections 274, 275, 3(5) of B.N.S. and 30(a) and 41 of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 423 litres of country made 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

Patna High Court CR. MISC. No.8876 of 2025(2) dt.19-02-2025 2/2 of liquor. It is submitted that the name of the petitioner has transpired as being owner of the seized vehicle in question. The petitioner is in custody since 31.12.2024 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 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 G.R. No. 891 of 2024 arising out of Andhrathadhi PS Case No. 180 of 2024.

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