Damodar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40695 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- Nawalpur District- West Champaran ====================================================== Damodar Yadav S/o Mainejar Yadav R/o Village- Nimueiya, P.S.- Nawalpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Nawalpur PS Case No. 32 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 18 litres of country made liquor was recovered from Motorcycle.

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 submitted that motorcycle in question does

Patna High Court CR. MISC. No.40695 of 2025(2) dt.30-06-2025 2/2 not belong to the petitioner. It is further submitted that apprehended co-accused person disclosed the name of the petitioner. The petitioner is in custody since 02.05.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. Charge sheet has been submitted in this case.

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, clean antecedent of the petitioner 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 Nawalpur PS Case No. 32 of 2025.

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