Yogendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28299 of 2025 Arising Out of PS. Case No.-146 Year-2023 Thana- SALAIYA District- Aurangabad ====================================================== Yogendra Yadav S/o Yadunandan Yadav, R/o Village.- Sonarchak, P.S.- Salaiya, Distt.- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 5 litres of illicit country made liquor and 5 quintals of bloated mahua have been recovered from the top of Chalho hill.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case merely on the basis of suspicion. Nothing has been recovered from the conscious possession of the petitioner, rather the recovery has been made from an open place which is accessible to all.

Patna High Court CR. MISC. No.28299 of 2025(2) dt.14-05-2025 2/2

5. Learned APP for the State has opposed the bail petition and submits that petitioner carries on criminal antecedent of similar nature.

6. Considering the aforesaid facts and circumstances, let the petitioner, above-named, in the event of his arrest / surrender before the learned trial Court within a period of eight weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judgecum-Special Judge, Excise Court-I, Aurangabad (Bihar), in connection with Salaiya P.S. Case No. 146 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS, 2023.

(Prabhat Kumar Singh, J) Shahnawaz/- U T