Patna High CourtCR. MISC./14513/2025bail granted

Saryu Yadav v. The State Of Bihar

2025-03-07Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14513 of 2025 Arising Out of PS. Case No.-234 Year-2024 Thana- Excise P.S. District- Nawada ====================================================== Saryu Yadav Son of Rohani Yadav @ Rohan Yadav Resident of Vill- Jov Kala, P.S.- Rajauli, District- Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, 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 Excise P.S. Case No. 234 of 2024 instituted for the offences punishable under Sections 30(a), 30(c) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 250 litres of liquor has been recovered from bushes and 8995 Kg mahua was destroyed at the spot.

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 possession of the petitioner rather the recovery has been made

Patna High Court CR. MISC. No.14513 of 2025(2) dt.07-03-2025 2/2 from an open place accessible to public at large. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 28.01.2025 and has five criminal antecedents. 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, after framing of charge, if not already framed, 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 Excise P.S. Case No. 234 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T