Mukesh Yadav @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48366 of 2025 Arising Out of PS. Case No.-20 Year-2025 Thana- SALAIYA District- Aurangabad ====================================================== Mukesh Yadav @ Mukesh Kumar S/o Karu Yadav R/o vill- Gajraj bigha, P.S.- Salaiya, Distt.- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Kanhiya Kishor, 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 Salaiya PS Case No. 20 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 350 liters liquor was recovered from bush near the hills. 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 recovery is from an open place, which is accessible to one

Patna High Court CR. MISC. No.48366 of 2025(2) dt.18-07-2025 2/2 and all. The petitioner is in custody since 17-06-2025 and has got two criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. Other co-accused has been granted bail by this Court vide order dated 23-06-2025, passed in Cr. Misc. No. 38573 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 Salaiya PS Case No. 20 of 2025.

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