Ashok Yadav @ Ashok Kumar Yadav @ Ashok v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15361 of 2025 Arising Out of PS. Case No.-272 Year-2021 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Ashok Yadav @ Ashok Kumar Yadav @ Ashok S/o- Lal Mohan Yadav Village- Kachar, P.S.- Dumariya, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Aurangabad Town P.S. Case No. 272 of 2021, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 7350 liters liquor was recovered from truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the

Patna High Court CR. MISC. No.15361 of 2025(3) dt.14-05-2025 2/2 basis of confessional statement made by co-accused person and the same has got no evidentiary value. The petitioner is neither owner nor driver of the vehicle in question. The petitioner is in custody since 22.01.2025 and has got one criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 14.12.2021 passed in Cr. Misc. No. 64268 of 2021. There is no compliance of Section 103 of the Bharatiya Nagarik 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Aurangabad Town P.S. Case No. 272 of 2021.

(Rudra Prakash Mishra, J) Rajorshi/- U T