Prasadi Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39706 of 2025 Arising Out of PS. Case No.-151 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Prasadi Yadav S/O Devki Prasad @ Devki Yadav Resident of village- Par Nawada Domra Par, PS- Bundelkhand, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mr.Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Excise P.S. case No. 151 of 2025 instituted for the offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 90 liters liquor was recovered from Toto vehicle.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is driver of the Toto vehicle
Patna High Court CR. MISC. No.39706 of 2025(2) dt.27-06-2025 2/2 and he had no knowledge regarding nature of goods kept in the vehicle by the passensger sitting on the vehicle. The petitioner is in custody since 08.03.2025 and has got two criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted bail by this Bench vide order dated 01.05.2025 passed in Cr. Misc. No. 28000 of 2025.
5. Learned A.P.P. 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 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 Excise P.S. case No. 151 of 2025.
(Rudra Prakash Mishra, J) Pankaj/- U T