Patna High CourtCR. MISC./53611/2025bail granted

Kamlesh Kumar Yadav v. The State Of Bihar

2025-08-12Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53611 of 2025 Arising Out of PS. Case No.-66 Year-2025 Thana- Excise Jhanjharpur District- Madhubani ====================================================== Kamlesh Kumar Yadav S/O Bhogendra Yadav R/O Village- Hariraha, Ward No.-11, P.S- Andhramath, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Jhanjharpur Excise P.S. case No. 66 of 2025 instituted for the offences under Sections 30(a), 32(1), 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 108 liters liquor was recovered from motorcycle.

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 further submitted that the motorcycle in question does not

Patna High Court CR. MISC. No.53611 of 2025(2) dt.12-08-2025 2/2 belong to the petitioner. The petitioner is in custody since 28.04.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

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, clean antecedent 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jhanjharpur Excise P.S. case No. 66 of 2025.

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