Lalbabu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26469 of 2025 Arising Out of PS. Case No.-86 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== Lalbabu Yadav S/o Madan Yadav R/o Village- Baira Parsauni, ward no 09, Police station- Nautan, district- west Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, 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 Nautan PS Case No. 86 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that 26.25 liters foreign liquor was recovered from motorcycle. 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 no concern with the alleged recovery of liquor. It is submitted that motorcycle was found in an abandoned condition and
Patna High Court CR. MISC. No.26469 of 2025(2) dt.28-04-2025 2/2 petitioner has no concern with the same. Petitioner is neither the owner nor he was driving the motorcycle in question. He has merely become the victim of the circumstances. The petitioner is in custody since 23-02-2025 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 Nautan PS Case No. 86 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T