Sandeep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8410 of 2025 Arising Out of PS. Case No.-350 Year-2024 Thana- BHORE District- Gopalganj ====================================================== 1.

Sandeep Yadav Son of Suresh Yadav Resident of Mardwani, P.S.- Phulwariya, Distt.- Gopalganj 2.

Rishi Kumar Yadav Son of Rajesh Yadav Resident of Srinagar, P.S.- Phulwariya,Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepankar Raj, Advocate For the Opposite Party/s :

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioners and learned APP for the State.

2.

The petitioners seek bail in connection with Bhore PS Case No. 350 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 108 litres of country made liquor was recovered from motorcycle.

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

Patna High Court CR. MISC. No.8410 of 2025(2) dt.19-02-2025 2/3 petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is submitted that seized motorcycle in question does not belong to the petitioners. The petitioners are in custody since 27.12.2024. The petitioner no. 1 has got four criminal antecedents and petitioner no. 2 has one 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 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) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bhore PS Case No. 350 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioners.

Patna High Court CR. MISC. No.8410 of 2025(2) dt.19-02-2025 3/3 (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.

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