Mahendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48716 of 2025 Arising Out of PS. Case No.-175 Year-2025 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== 1.
Mahendra Yadav S/o Late Kishundeo Yadav @ Kishun Dev Yadav R/o villRajwari, P.S. Aurangaabd Town, Distt.- Aurangabad 2.
Shyam Bihari Yadav S/o Deonandan Yadav @ Dewan Yadav R/o villRajwari, P.S. Aurangaabd Town, Distt.- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aman Vishal, Adv.
For the Opposite Party/s :
Mr.Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2025 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Aurangabad Town P.S. Case No. 175 of 2025 dated 14.03.2025 registered for the offences punishable u/ss 115(2), 126(2), 352, 351(2), 132, 191(2) of the BNS and sections 30(a) and 45 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, on secret information, police conducted a raid and apprehended one accused person and at his instance, total 29.7 litres of illicit foreign liquor and 20 litres of illicit country made liquor were recovered from the
Patna High Court CR. MISC. No.48716 of 2025(2) dt.24-07-2025 2/3 house of co-accused and Khalihan. It is further alleged that when police were making seizure list, in the meantime, the villagers, 40-50 in numbers came there and and started abusing the policy party and made the apprehended accused person free from the police party.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The name of the petitioners have sprung up in the confessional statement of the co-accused, Arun Kumar and Ramdhayan Yadav. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the conscious possession of the petitioners. The co-accused person has already been granted regular bail by this court vide order dated 06.05.2025 passed in Cr. Misc. No. 28454/2025. The petitioner no. 1 has two criminal antecedents and the petitioner no. 2 has no criminal antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 02.06.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing
Patna High Court CR. MISC. No.48716 of 2025(2) dt.24-07-2025 3/3 bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad, Bihar in connection with Aurangabad Town P.S. Case No. 175 of 2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T