Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60774 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- ROSHANGANJ District- Gaya ====================================================== Mahendra Yadav S/o Late Ramsewak Yadav @ Late Ramsevak Yadav, R/o Village- Jabra, P.S.- Hunterganj, Dist.- Chatra (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vijay Kumar, Advocate.

For the Opposite Party/s :

Mr. Bharat Lal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Raushanganj P.S. Case No.107 of 2025 instituted under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 140 litre illicit country made liquor from Hero Splendor motorcycle bearing Registration No. BR-02Q-1841 and the petitioner alongwith co-accused Chandan Kumar were apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner was simply a passerby and he has been apprehended only on the basis of suspicion.

Patna High Court CR. MISC. No.60774 of 2025(2) dt.18-09-2025 2/2 Learned counsel submits that petitioner is neither owner of the seized motorcycle nor he has any concern with the alleged seized liquor. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that there is no independent witness to the seizure list. He further submits that petitioner is in custody since 18.07.2025, having one criminal antecedent, in which he is on bail. Learned counsel submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and 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 and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.5, Gaya/ concerned Court in connection with Raushanganj P.S. Case No.107 of 2025. (Sunil Dutta Mishra, J) Ritik/- U T