Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52656 of 2025 Arising Out of PS. Case No.-83 Year-2018 Thana- SIGAUDI District- Patna ====================================================== Sanjay Yadav S/O Bhonu Yadav @ Bhagwan Yadav R/O Vill.- Maharajganj, P.S.- Sigori, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parashuram Singh, Advocate For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Special Excise Case No. 10203 of 2018 arising out of Sigori PS Case No. 83 of 2018 instituted for the offences under Sections 30(a), 37(b) and (c) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that total 90 litres of country made liquor out of which 16 litres of liqour was recovered from the house of the petitioner.

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

Patna High Court CR. MISC. No.52656 of 2025(2) dt.11-08-2025 2/2 that recovery is made from the joint house of the petitioner where the other famly members also reside. It is further submitted that apprehended co-accused disclosed the name of the petitioner. The petitioner is in custody since 01.06.2025 and has got two criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S.

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.15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Excise Case No. 10203 of 2018 arising out of Sigori PS Case No. 83 of 2018.

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