Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9394 of 2025 Arising Out of PS. Case No.-679 Year-2024 Thana- CHANDI District- Nalanda ====================================================== 1.

Mahesh Yadav, aged about 40 years, Gender- Male, S/o Ragho Yadav @ Raghu Nandan Yadav, 2.

Dahu Chauhan @ Mithlesh Jamadar, aged about 45 years, Gender- Male, S/o Ram Baran Chauhan, Both R/o village - Ghorhari, P.S.- Chandi, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Chandi PS Case No.679 of 2024 dated 11.12.2024, instituted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Allegation is of recovery of 38 litres country made liquor from the bush of Khajoor trees in village- Ghorhari Khanda.

4. Learned counsel for the petitioners submits that they are innocent and have been falsely implicated in this case. It is also submitted that nothing has been recovered either from

Patna High Court CR. MISC. No.9394 of 2025(2) dt.06-03-2025 2/2 the conscious possession of the petitioners or from their houses. The liquor has been recovered from the bush. The petitioners have no concern with the place from where recovery has been made. Only on the basis of suspicion, local people of the area has disclosed the name of the petitioners. Lastly, it is submitted that the petitioners have no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V cum Special Judge Excise1, Nalanda at Biharsharif, in Chandi PS Case No.679 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T