Nagendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42671 of 2025 Arising Out of PS. Case No.-376 Year-2024 Thana- UCHKAGAON District- Gopalganj ====================================================== Nagendra Yadav Son of Bairister Yadav @ Balister Yadav R/O VillageMajirwakala, Tola Ghathanaha, P.S.- Phulwariya, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vyas Kumar Mishra For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-07-2025 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 Uchkagaon P.S. Case No. 376/2024 dated 06.11.2024 registered for the offences punishable u/s 30(a)(b) of the Bihar Prohibition and Excise Act and Section 317(5) read with Section 3(5) of the B.N.S.

3. As per the prosecution case, total 345 litres of illicit country-made liquor was recovered from the Scorpio.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. As per para. 10 of the bail petition, the petitioner is neither the owner nor the driver of the said vehicle. The petitioner has no concern with the alleged recovery. The petitioner has 19 antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 20.12.2024..

Patna High Court CR. MISC. No.42671 of 2025(2) dt.08-07-2025 2/2

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 Uchkagaon P.S. Case No. 376/2024, with the conditions;- (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. (ii). If the petitioner is found involved in similar nature of offence in the future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

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