Sachit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17144 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- Excise P.S. District- Gopalganj ====================================================== 1.

Sachit Kumar Yadav, aged about 21 years, Gender-Male, S/o- Ramadhar Yadav @ Ramdhar Yadav, Resident of village-Binawaliya, PS- Kuchaikote, District- Gopalganj.

2.

Ranjan Kumar, aged about 20 years, Gender-Male, S/o- Vijay Bahadur Chaudhary, Resident of village-Binawaliya, PS- Kuchaikote, DistrictGopalganj. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Aditya Kumar Pandey, Advocate For the Opposite Party :

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-04-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in connection with Excise P.S. Case No. 22 of 2025 dated 08.01.2025 registered for the offences punishable under Sections 30(a) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, total 501.120 litres of foreign liquor and 376.300 kgs., of jaggery is said to have been recovered from the Pick-up Van.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in

Patna High Court CR. MISC. No.17144 of 2025(2) dt.03-04-2025 2/3 the present case. No incriminating article has been recovered from the possession of the petitioners. They have no concern with the vehicle in question and illegal liquor. The petitioner no. 1 is the driver and the petitioner no. 2 is the co-driver of the said vehicle and the said vehicle was given to the petitioners by an unknown person on the side of Tamkuhimain Road and kept mobiles of the petitioners and told to take the vehicle under the Arar Turn Bride of Gopalganj where his man would meet there. They had no knowledge that the illegal liquor was kept in the said vehicle. There is no compliance of Section 100(3) of B.N.S.S., 2023. The petitioner no. 1 has clean antecedent and the petitioner no. 2 has one criminal antecedent in which he is on bail as stated in paragraph no. 3 of the bail petition. The petitioners are in custody in this case since 09.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioners, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-IV-cum-Exclusive Special Excise

Patna High Court CR. MISC. No.17144 of 2025(2) dt.03-04-2025 3/3 Court No.-II, Gopalganj in connection with Excise P.S. Case No. 22 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T