Somaru Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33536 of 2025 Arising Out of PS. Case No.-132 Year-2025 Thana- Excise P.S. District- Buxar ====================================================== Somaru Yadav Son of Krishna Yadav Resident of Village- Gopalpur, P.S.- Itarhi, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satyapal Singh For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Excise Buxar P.S. Case No. 132 of 2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery of total 110 litres of country made and foreign liquor has been made from the Maruti Suzuki VDI car bearing registration no. HR-08K-1787. which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He has got no criminal antecedent. He has no concern with the alleged recovery or with the vehicle. The alleged liquor was not recovered from the physical possession of the petitioner.
Patna High Court CR. MISC. No.33536 of 2025(2) dt.26-05-2025 2/2 Petitioner is not the owner of the alleged Maruti Suzuki VDI car bearing registration no. HR-08K-1787. Petitioner is in custody since 01.04.2025.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Incharge Exclusive Excise Special Judge in connection with Excise Buxar P.S. Case No. 132 of 2025 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T