Krishna Mohan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34343 of 2025 Arising Out of PS. Case No.-70 Year-2025 Thana- BHORE District- Gopalganj ====================================================== Krishna Mohan Yadav S/O Shravan Yadav R/O Village- Ratanpur, P.SEkauna, Distt.- Deoria (UP). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikash Kumar Shukla, Adv.
For the Opposite Party/s :
Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Bhore P.S. Case No. 70 of 2025, lodged on 02.03.2025, under Sections 317(5) & 111 of the Bharatiya Nyaya Sanhita, 2023, and Sections 30(a) & 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 1282.320 litres of illicit liquor has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the petitioner is the driver of the said truck and was completely unaware of what was loaded in the vehicle. It is also submitted that such a mistake shall not occur in the
Patna High Court CR. MISC. No.34343 of 2025(2) dt.03-06-2025 2/2 future. Counsel further submits that the petitioner has one criminal antecedent and has been in custody since 03.03.2025. Counsel also submits that the petitioner is ready to comply with any conditions that may be imposed upon him.
5. Learned APP for the State opposes the prayer for bail and submits that, from the contents of the FIR, it is crystal clear that a huge quantity of wine has been recovered and the petitioner was well aware of the loading of the wine in the truck.
6. In the present facts and circumstances of the case, and considering the submissions made above, let the abovenamed petitioner be granted bail, subject to payment of Rs. 1,50,000/- (Rupees One Lakh Fifty Thousand only) in the account of Patna High Court Legal Services Committee and further furnish bail bonds of Rs. 30,000/- (Rupees Thirty Thousand only) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of Additional Sessions Judge-XIII-cumSpecial Judge Excise- I, Gopalganj, in connection with Bhore P.S. Case No. 70 of 2025, subject to the following conditions as laid down under Section 480(3) of the BNSS.
(Dr. Anshuman, J.) Aman Kumar/- U T