Bhim Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16034 of 2025 Arising Out of PS. Case No.-122 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Bhim Yadav S/O Raghunath Yadav Resident of Village- Sipaya Khas, P.S.- Bishambharpur, Dist.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adesh Raj Singh For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-04-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bishambharpur P.S. Case No. 122 of 2024 dated 31.08.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. As per the prosecution case, total 364.200 litres of illicit country-made liquor was recovered from the bush.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Local Chowkidar disclosed the name of the petitioner. The recovery was made from an open place that was accessible to anyone. Nothing has been recovered from the conscious

Patna High Court CR. MISC. No.16034 of 2025(2) dt.02-04-2025 2/2 possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has six criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 08.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to 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 learned Court concerned, Gopalganj in connection with Bishambharpur P.S. Case No. 122 of 2024, with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T