Binod Kumar @ Binod Yadav @ Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43949 of 2025 Arising Out of PS. Case No.-39 Year-2024 Thana- CHIHARA District- Jamui ====================================================== Binod Kumar @ Binod Yadav @ Vinod Yadav Son of Shankar Yadav Resident of Village- Bhmatand, P.s.- Jamua, Distt.- Giridih, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhuresh Singh, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Chihra PS Case No. 39 of 2024 instituted for the offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 1080 litres of foreign liquor was recovered from truck. 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

Patna High Court CR. MISC. No.43949 of 2025(3) dt.18-07-2025 2/3 no concern with the alleged recovery of liquor. It is submitted that name of the petitioner has transpired in this case on the disclosure made by co-accused. The petitioner is in custody since 24.04.2025. Petitioner has four criminal antecedents. There is no compliance of Section 103 of B.N.S.S. Other coaccused have been enlarged on bail by this Court vide order dated 30-01-2025, passed in Cr. Misc. No. 3838 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 Chihra PS Case No. 39 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.43949 of 2025(3) dt.18-07-2025 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T