Kailash Yadav @ Sunil Yadav @ Kalish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56959 of 2025 Arising Out of PS. Case No.-627 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== Kailash Yadav @ Sunil Yadav @ Kalish Yadav S/o Bhukan Yadav @ Bhukho R/o Village- Rajpur, Maniyar (Nathnagar), P.S.- Nathnagar (Madhusudanpur), Dist.-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in connection with Nathnagar (Madhusudanpur) P.S. Case No.627 of 2021 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, on secret information, the police reached Maniyarpur and on search recovered 10 litres country made liquor and 4 gallons sweet mahua solution from the house of co-accused Varsha Singh. Thereafter police searched another house of co-accused Ranjit Singh and on search, 10 litres country made liquor along with 8 gallons sweet mahua solution was recovered. Again on search of another house which is alleged to be of the petitioner, 10 litres country made liquor together with 18 gallons sweet mahua solution was recovered.

Patna High Court CR. MISC. No.56959 of 2025(2) dt.21-08-2025 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case with a view to harass the petitioner. Nothing has been recovered from conscious possession of the petitioner. There is no independent witness of the seizure list. Charge sheet has already been submitted and there is no chance of tampering with the evidence or absconding of the petitioner. Petitioner has two criminal antecedents in which he is on bail. Petitioner is in jail since 09.06.2025 and he undertakes to cooperate in the trial.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case as well as the submissions of the parties, let the above named petitioner 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 Special Excise Judge II, Bhagalpur in connection with Nathnagar (Madhusudanpur) P.S. Case No.627 of 2021 (Spl. Excise No.1478 of 2022). (Sunil Dutta Mishra, J) Harish/- U T