Mathura Yadav @ Mathura Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23379 of 2025 Arising Out of PS. Case No.-40 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Mathura Yadav @ Mathura Ray Son of Late Jiut Yadav (Wrongly mentioned in the prosecution report as 45 years), Resident of Village - Laxmipur Gadariya, P.S.- Turkauliya, Raghunathpur (O.P.), District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case No. 40/2019, Tr. No. 5866/2022 registered for the offences punishable u/s 30(a) and 38(2) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 441.360 litres of illicit foreign liquor and 70 litres of illicit spirit were recovered from the house of the co-accused Rakesh Kumar.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.23379 of 2025(2) dt.22-04-2025 2/2 this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.02.2025.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Motihari in connection with Excise P.S. Case No. 40/2019, Tr. No. 5866/2022.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T