Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19781 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- SAHARGHAT District- Madhubani ====================================================== Mukesh Yadav S/o Budhan Yadav Resident of village- Gangaur, PS- Harlakhi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, 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 Saharghat P.S. Case No. 11 of 2025, G.R.No. 118 of 2025 instituted for the offences punishable under Sections 274, 275, 317(5), 3(5) of BNS and 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 270 litres of Nepali liquor was recovered from two motorcycles out of which 135 litres liquor has been recovered from motorcycle of the petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.19781 of 2025(2) dt.03-04-2025 2/2 incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the onwer of the vehicle. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 25.01.2025 and has one criminal antecedent. 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 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 Saharghat P.S. Case No. 11 of 2025, G.R. No. 118 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T