Mihir Kumar Yadav @ Mihir Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11138 of 2025 Arising Out of PS. Case No.-280 Year-2024 Thana- PANDAUL District- Madhubani ====================================================== Mihir Kumar Yadav @ Mihir Yadav S/o- Yogendra Yadav @ Yogendra @ Yogi Yadav R/o village - Vijay salempur , P.s.- Pandaul , District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav, Advocate :
Mr. Vinod Kumar, Advocate :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Pandaul P.S. Case No. 280 of 2024, GR No. 1707 of 2024 instituted for the offences punishable under Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 135 litres of Nepali liquor has been recovered from the house of the coaccused Pradeep Kumar Yadav.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious
Patna High Court CR. MISC. No.11138 of 2025(2) dt.07-03-2025 2/2 possession of the petitioner rather the recovery has been made from the house of the co-accused Pradeep Kumar Yadav. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 09.12.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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 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 Pandaul P.S. Case No. 280 of 2024, GR No. 1707 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T