Patna High CourtCR. MISC./14391/2025bail granted

Chhotu Kumar 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.14391 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- AKBARPUR District- Nawada ====================================================== Chhotu Kumar Yadav S/o- Aklu Yadav Resident Of Village-Lohsinghna PsAkbarpur District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-03-2025

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Akbarpur P.S. Case No. 30 of 2025 instituted for the offences punishable under Sections 30(a), 37 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 149 litres of liquor was recovered from motorcycle.

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. Learned counsel further submitted that petitioner is not the owner of the vehicle. Petitioner is only

Patna High Court CR. MISC. No.14391 of 2025(2) dt.07-03-2025 2/2 the passer-by and only due to suspicion, has falsely been implicated in this case. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 21.01.2025 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 Akbarpur P.S. Case No. 30 of 2025. (Rudra Prakash Mishra, J) Alok Verma/- U T