Patna High CourtCR. MISC./26501/2025bail granted

Yashwant Kumar v. The State Of Bihar

2025-04-28Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26501 of 2025 Arising Out of PS. Case No.-153 Year-2025 Thana- EXCISE PALIGANJ District- Patna ====================================================== Yashwant Kumar S/O Arun Singh @ Arun Kumar R/O Village- Mahajpura, Ward No.-4, P.S- Bikram, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Special Excise Case No. 716 of 2025, arising out of Ex. Paliganj P.S. Case No. 153 of 2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 231.700 litres of liquor has been recovered from hut.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from a hut of paddy husk and the petitioner had no concern

Patna High Court CR. MISC. No.26501 of 2025(2) dt.28-04-2025 2/2 with the said hut. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 07.03.2025 and has no 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 Special Excise Case No. 716 of 2025, arising out of Ex. Paliganj P.S. Case No. 153 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T