Babulal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16762 of 2025 Arising Out of PS. Case No.-316 Year-2024 Thana- BUNIYAD GANJ District- Gaya ====================================================== Babulal Yadav S/O Devendra Yadav @ Devchand Yadav Resident of Kukiyasin, P.S.- Buniyadganj, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabia Gulnaz, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner seeks permission to correct the provision of law in the bail application. As such, counsel for the petitioner is permitted to correct the same in course of the day.

3. The present Criminal Miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the BNSS") for seeking regular bail in connection with Buniyadganj P.S. Case No. 316 of 2024, lodged on 11.12.2024, under Sections 30(a), 30(d) and 41 of the Bihar Prohibition & Excise (Amendment) Act, 2022.

4. As per the prosecution, total recovery of 45 litres of illicit country made liquor has been made, which is the subject matter of the present case.

Patna High Court CR. MISC. No.16762 of 2025(2) dt.11-04-2025 2/2

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner has been in custody since 12.12.2024, having clean criminal antecedents. Counsel further submits that nothing has been recovered from the possession of the petitioner, and he has been falsely implicated in a conspiracy. Counsel also submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

6. Learned APP for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Exclusive Special Excise Court No. I, Gaya, in connection with Buniyadganj P.S. Case No. 316 of 2024, subject to the following conditions as laid down under Section 480(3) of the BNSS.

(Dr. Anshuman, J.) Aman Kumar/- U T