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Patna High CourtCR. MISC./59897/2025allowed

Mithilesh Yadav @ Mithlesh Yadav v. The State Of Bihar

2025-09-17Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59897 of 2025 Arising Out of PS. Case No.-389 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Mithilesh Yadav @ Mithlesh Yadav S/O Budhan Yadav R/O Vill.- Hardiya Kali Manda, Sector B, P.S. Rajouli, District- Nawada, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

3. There is recovery of 129 litres country made liquor from the bush west side of brick kiln.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of secret information. Petitioner was not apprehended on the spot. Nothing has been recovered from conscious possession or from the house of the petitioner. Petitioner has no concern with the seized liquor. The alleged recovery has been made from the bush near west side of brick kiln which is open place accessible to public at large. Petitioner

Patna High Court CR. MISC. No.59897 of 2025(2) dt.17-09-2025 2/2 has one criminal antecedent of similar nature in which he is on bail. Petitioner is in jail since 19.07.2025 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, the submissions of the parties and period of custody, 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 Exclusive Special Court, Excise-2, Nawada in connection with Excise P.S. Case No.389 of 2025.

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