Jitendra Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26664 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- KOTHI District- Gaya ====================================================== Jitendra Kumar Yadav Son of Rameshwar Yadav Resident of Village- Jolah Tetariya Tola, Jagandih, P.S.- Pratappur, District- Chatra (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, 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 Kothi P.S. Case No. 30 of 2025 instituted for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 50 litres of liquor was recovered from motorcycle.
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. Learned counsel further submitted that petitioner was not apprehended on the spot. It is further submitted that petitioner was riding the vehicle from which the
Patna High Court CR. MISC. No.26664 of 2025(2) dt.29-04-2025 2/2 recovery has been made. Petitioner had no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 11.03.2025 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, clean antecedent 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 Kothi P.S. Case No. 30 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T