Patna High CourtCR. MISC./37589/2025bail granted

Shailendra Yadav v. The State Of Bihar

2025-06-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37589 of 2025 Arising Out of PS. Case No.-72 Year-2025 Thana- KESARIA District- East Champaran ====================================================== Shailendra Yadav Son of Late Chabila Rai Resident of Village- Kadhan, P.S.- Kesariya, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Kesariya P.S. case No. 72 of 2025 instituted for the offences under Sections 274, 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 169.920 liters liquor was recovered from a bush at the bank of a river.

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. The

Patna High Court CR. MISC. No.37589 of 2025(2) dt.18-06-2025 2/2 name of the petitioner has transpired on the basis of secret information. It is further submitted that recovery is made from bush near a river which is an open place accessible to one and all. The petitioner is in custody since 27.04.2025 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

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 Kesariya P.S. case No. 72 of 2025.

(Rudra Prakash Mishra, J) Pankaj/- U T