Dilip Kumar Yadav @ Deelip Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52014 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- BAHERA District- Darbhanga ====================================================== Dilip kumar Yadav @ Deelip Kumar Yadav S/o Raj Narayan Yadav @ Raj Karan Yadav R/o vill - Laxmipur, P.S.- Bahera, Distt.- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhumala Kumari, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Earlier the anticipatory bail was rejected by a Coordinate Bench of this Court vide order dated 15.05.2025 in Cr. Misc. No. 30697 of 2025.

3.

The petitioner seeks bail in connection with Bahera PS Case No. 91 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 4.

The prosecution case, in short, is that total 763.920 litres of illicit liquor was recovered from Truck bearing Registration No. UP24BT-1674.

5.

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

Patna High Court CR. MISC. No.52014 of 2025(2) dt.25-07-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is neither the owner nor the driver of the seized vehicle. It is further submitted that the name of the petitioner has transpired on the confessional statement of apprehended coaccused person. The petitioner is in custody since 05.07.2025 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

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. 8.

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 Bahera PS Case No. 91 of 2025.

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