Patna High CourtCR. MISC./20734/2025bail granted

Kiro Yadav v. The State Of Bihar

2025-04-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20734 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- SHEKHPURA District- Sheikhpura ====================================================== Kiro Yadav Son Of Late Ram Swarup Yadav Resident of Village - Chakdiwan, Police Station And District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sheikhpura P.S. Case No. 57 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per prosecution case, the police has recovered total 20 liters of illicit country-made liquor from the plastic sack.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been

Patna High Court CR. MISC. No.20734 of 2025(2) dt.04-04-2025 2/3 recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. There is a noncompliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has two criminal antecedents of the similar nature of offence and is languishing in judicial custody since 23.02.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case, let the petitioner, abovenamed, 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 Sheikhpura P.S. Case No. 57 of 2025, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates

Patna High Court CR. MISC. No.20734 of 2025(2) dt.04-04-2025 3/3 without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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