Nawal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24816 of 2025 Arising Out of PS. Case No.-990 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Nawal Yadav Son of Late Lalbahadur Yadav @ Lalbahadur Rai Resident of Village- Ghormarwa, P.S.- Banjariya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-04-2025 Heard Mr. Manoj Kumar, learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State. 2.
The petitioner seeks bail in connection with Turkaulia (Banjariya) PS Case No. 990 of 2023 instituted for the offences under Sections 30(a) & 41(1) of the Bihar Prohibition and Excise Act.
3.
The prosecution case, in short, is that 30 liters country made liquor and articles used for manufacturing of alcohol were recovered near the bank of the river. 4.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.24816 of 2025(2) dt.23-04-2025 2/2 no concern with the alleged recovery of liquor. It is submitted that recovery is from an open place, which is accessible to one and all. The petitioner is in custody since 09-01-2025 and has got one criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023.
5.
Learned A.P.P. 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 Turkaulia (Banjariya) PS Case No. 990 of 2023.
(Rudra Prakash Mishra, J) Raj Kishore/- U T