Balister Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34147 of 2025 Arising Out of PS. Case No.-75 Year-2025 Thana- BAGHA District- West Champaran ====================================================== 1.

Balister Yadav son of Late Prahlad Yadav Village- Chandi Sthan, Ward no. 34, Ps- Bagaha, Dist- West champaran 2.

Ramsurat Yadav son of Late Damari yadav village- Poorhouse Ward no. 35, Ps- Bagaha, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-06-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Bagaha P.S. Case No. 75 of 2025 lodged on 16.03.2025 under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total recovery of 150 litres of country made liquor is the subject matter of the present case. Total four persons were made accused in this case including the present petitioners.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have not committed any offence.

Patna High Court CR. MISC. No.34147 of 2025(2) dt.02-06-2025 2/2 They are in custody since 17.03.2025 and have clean criminal antecedents. The petitioners are aged about 50 and 51 years respectively, and they undertake to comply with all conditions that may be imposed by this Hon'ble Court.

5. Learned counsel for the State opposes the prayer for bail; however, he concedes that the petitioners have no criminal antecedents.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) as mentioned in Section 2(1) (d) of the BNSS, 2023 to the satisfaction of learned Special Judge Excise, Bagaha, West Champaran, in connection with Bagaha P.S. Case No. 75 of 2025, subject to the conditions as laid down under Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Ashwini/- U T