Bijendra Yadav @ Vijendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20107 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- Excise P.S. District- Gaya ====================================================== Bijendra Yadav @ Vijendra Yadav S/o- Late Kisando Yadav @ Kisindo Yadav Resident of Village- Barha PS- Chhakarbandha, Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Javed Jafar Khan, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Excise PS Case No. 68 of 2025 instituted for the offences under Sections 30(a) & 32(c) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 50 liters country made liquor was recovered from motorcycle. 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 submits that petitioner is neither the owner of

Patna High Court CR. MISC. No.20107 of 2025(2) dt.03-04-2025 2/2 the aforesaid motorcycle nor has any concern with the same. The petitioner is in custody since 19-01-2025 and has got no criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. 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, clean antecedent of the petitioner 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 Excise PS Case No. 68 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T