Arjun Kumar @ Arjun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27572 of 2025 Arising Out of PS. Case No.-21 Year-2024 Thana- Haraiya District- East Champaran ====================================================== Arjun Kumar @ Arjun Yadav S/O Punyadev Yadav @ Pundev Yadav Resident of Village- Shankar Saraiya, Ahir Tola ward no. 9, P.S- Turkauliya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Haraiya PS Case No. 21 of 2024 instituted for the offences under Sections 318(4), 338, 336(3), 340(2) & 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 41(i), 31, 33, 38 & 47 of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 4000 liters spirit was recovered from godown.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Name of the petitioner has surfaced in this case on the basis of confessional statement of co-accused, namely,

Patna High Court CR. MISC. No.27572 of 2025(2) dt.29-04-2025 2/2 Awadhesh Kumar Srivastava. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 20-01-2025 and has got one criminal antecedent. There is no compliance of Section 103 of the BNSS, 2023. Other co-accused have been enlarged on regular bail by this Court vide order dated 27-01-2025, passed in Cr. Misc. No. 2642 of 2025.

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, claim based on parity 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 Haraiya PS Case No. 21 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T