Vipul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58293 of 2025 Arising Out of PS. Case No.-482 Year-2025 Thana- FATUA District- Patna ====================================================== Vipul Yadav S/O Late Shiv Prasad Yadav Resident of Village- Usrauli, P.SShahganj, Distt.- Jaunpur, (Uttar Pradesh). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Mandal, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Fatuha P.S. Case No. 482 of 2025 instituted for the offences punishable under Section 30(a), 56(c) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 3173.975 litres of liquor was recovered from godown, pickup van and car.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted

Patna High Court CR. MISC. No.58293 of 2025(4) dt.01-11-2025 2/3 that petitioner is in no manner connected with the alleged recovery of liquor and he is being dragged in this case merely because he is the driver of the pickup van in question and he had no knowledge regarding the goods/liquor loaded in the vehicle. The petitioner is in custody since 02.07.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

5. Learned APP 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 as also 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 Fatuha P.S. Case No. 482 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.58293 of 2025(4) dt.01-11-2025 3/3 bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T