Yugal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14189 of 2025 Arising Out of PS. Case No.-391 Year-2024 Thana- GOVINDPUR District- Nawada ====================================================== Yugal Yadav, Gender-Male, aged about 40 years, S/o- Chalitar Yadav @ Baleshwar Yadav, R/O Village- Dhanpuri, P.S.- Govindpur, District- Nawada ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sunil Kumar, Advocate For the Opposite Party :
Mr. Madan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Govindpur P.S. Case No. 391 of 2024 dated 24.12.2024 registered for the offences punishable under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, total 100 litres of country made liquor kept in two plastic sacks which were allegedly fallen on the field after seeing the police, is said to have been recovered from the petitioner and the co-accused Ajay Manjhi.
4. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.14189 of 2025(2) dt.27-03-2025 2/3 the petitioner is innocent and has falsely been implicated in the present case. No incriminating article has been recovered from his possession. The said recovery of illegal liquor was made from the field which does not belong to the petitioner. He has no concern with the alleged offence. It is further submitted that the petitioner was returning from his agricultural land after watching wheat crops and Dhanpuri village and Bishunpur village is adjacent to each other and the land of the petitioner is also lying in Mauza-Bishunpur and when he was returning then he was apprehended by the police. There is no statutory compliance of Section 103 of the B.N.S.S. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 25.12.2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-1, Nawada in connection with Govindpur
Patna High Court CR. MISC. No.14189 of 2025(2) dt.27-03-2025 3/3 P.S. Case No. 391 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T