Bhuneshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57629 of 2025 Arising Out of PS. Case No.-262 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== Bhuneshwar Yadav S/o Late Neman Yadav, R/o Village- Mocharak P.S.- Fatehpur, District- Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 100 litre illicit country made liquor kept in bag from Hero Splendor motorcycle which was registered in the name of petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the owner of the seized motorcycle. He further submits that petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession. Learned counsel submits that petitioner has given his motorcycle to a villager for his essential work and he has no knowledge about the recovery of illicit liquor from his

Patna High Court CR. MISC. No.57629 of 2025(3) dt.25-09-2025 2/2 motorcycle. He further submits that petitioner has no concern with the alleged seized liquor and the seizure list has not been prepared in accordance with mandatory provisions of law. Learned counsel submits that petitioner is in custody since 06.07.2025, having clean antecedent and chargesheet has already been submitted in this case after completion of investigation. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with Fatehpur P.S. Case No.262 of 2024.

(Sunil Dutta Mishra, J) Ritik/- U T