Nagendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40480 of 2025 Arising Out of PS. Case No.-230 Year-2024 Thana- PHULWARIYA District- Gopalganj ====================================================== Nagendra Yadav Son of Bairister Yadav @ Balister Yadav Resident of Village - Majirwakala, P.S.- Phulwariya, District - Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Phulwariya P.S. Case No. 230 of 2024 dated 02.08.2024 registered for the offences punishable u/ss 317(5) of the B.N.S. and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 513 litres of illicit country made liquor was recovered from the Scorpio vehicle.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is neither the owner nor the driver of the seized vehicle and he has no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.40480 of 2025(2) dt.17-07-2025 2/2 petitioner. The petitioner has nineteen criminal antecedents in which he is on bail in eighteen cases as stated in para 3 of the bail petition. The petitioner is in custody since 02.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj in connection with Phulwariya P.S. Case No. 230 of 2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T