Patna High CourtCR. MISC./60641/2025bail granted

Sanjay Yadav v. The State Of Bihar

2025-08-29Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60641 of 2025 Arising Out of PS. Case No.-150 Year-2024 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Sanjay Yadav S/O- Ramagya Yadav Resident of Village- Matihaniya Salehpur, P.S.- Vishambharpur, District- Gopalpur ... ... 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.Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Vishambharpur P.S. case No. 150 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 186.8 liters liquor was recovered from four motorcycles.

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 petitioner is neither the driver nor the

Patna High Court CR. MISC. No.60641 of 2025(2) dt.29-08-2025 2/2 owner of the seized vehicles. The petitioner was not arrested on spot. The petitioner is in custody since 23.06.2025 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accuseds have been granted bail by this Bench vide orders 17.12.2024 and 10.01.2025 in Cr. Misc. No. 85786 of 2024 and 1198 of 2025 respectively.

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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Vishambharpur P.S. case No. 150 of 2024.

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