Pukar Yadav @ Ram Pukar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45613 of 2025 Arising Out of PS. Case No.-146 Year-2023 Thana- SALAIYA District- Aurangabad ====================================================== Pukar Yadav @ Ram Pukar Yadav S/o Late Chhotu Yadav @ Chhotu R/o Village- Sonarchak, PO- Dugul, PS- Salaiya, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Nawnit Kumar Tiwary, Advocate For the State :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2025 Heard Mr. Nawnit Kumar Tiwary, learned counsel appearing on behalf of the petitioner and Mr. Pramod Kumar Pandey, learned A.P.P. appearing on behalf of the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 5 litres illicit country made liquor and 5 quintal of Mahua flower were recovered from Chalho hill.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from conscious possession of this petitioner and he has falsely been implicated in this case merely on suspicion. The
Patna High Court CR. MISC. No.45613 of 2025(2) dt.22-08-2025 2/2 alleged illicit liquor has been recovered from an open place, which is accessible to one and all. It is further submitted that charge-sheet has already been submitted and petitioner is in custody since 28.04.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the nature of accusation, the fact that no incriminating article has been recovered from conscious possession of this petitioner and period of custody, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Salaiya P.S. Case No. 146 of 2023. (Prabhat Kumar Singh, J) shashank/- U T