Dadan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46560 of 2025 Arising Out of PS. Case No.-178 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Dadan Kumar Yadav S/o Late Rajdeo Yadav @ Rajdev Yadav R/o VillageBhopatpur Nayaka Tola Ward No. 13, P.S.- Kotwa, District- East Champaran At present- R/o Village- Bhopatpur Rajpur, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Musarigharari P.S. Case No. 178 of 2024 instituted for the offences under Sections 30(a)/41(i) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, the police has recovered total 1451.520 liters of illicit foreign liquor from the truck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. He further submits that

Patna High Court CR. MISC. No.46560 of 2025(2) dt.08-07-2025 2/3 nothing incriminating has been recovered from the conscious or constructive possession of the petitioner. The petitioner is the registered owner of the alleged truck. The petitioner has no concern with the seized liquor. The petitioner was not aware of the fact that his truck was being used in carrying the illicit liquor. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 09.05.2025 without any rhymes or reason.

5. Learned counsel for the petitioner again submits that the co-accused namely Samshad Ansari and Radheshyam Yadav have been granted bail by this Court vide orders both dated 25.02.2025 passed in Cr. Misc. Nos. 11388 of 2025 and 11628 of 2025 respectively.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the

Patna High Court CR. MISC. No.46560 of 2025(2) dt.08-07-2025 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with Musarigharari P.S. Case No. 178 of 2024.

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