Patna High CourtCR. MISC./39685/2025bail granted

Bangali Yadav v. The State Of Bihar

2025-06-27Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39685 of 2025 Arising Out of PS. Case No.-384 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== Bangali Yadav Son of Nanhak Yadav @ Brijbihari Yadav Resident of VillageShiopur, P.S.- Shahpur, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Malti Kumari, Advocate For the Opposite Party/s :

Mr.Anant Kumar 1, 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 Shahpur P.S. case No. 384 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 120 liters liquor was recovered from bushes near 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. It is further submitted that recovery is made from an open place

Patna High Court CR. MISC. No.39685 of 2025(2) dt.27-06-2025 2/2 which is accessible to public at large. The petitioner is in custody since 10.05.2025 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Coaccused has been granted bail by this Bench vide order dated 08.05.2025 passed in Cr. Misc. No. 30080 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 Shahpur P.S. case No. 384 of 2024.

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