Patna High CourtCR. MISC./63543/2025bail granted

Umesh Kumar @ Umesh Prasad Yadav v. The State Of Bihar

2025-11-15Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63543 of 2025 Arising Out of PS. Case No.-138 Year-2020 Thana- DAGARUA District- Purnia ====================================================== Umesh Kumar @ Umesh Prasad Yadav S/O Chandan Yadav R/O VillageAmaha, Ward No.- 5, P.S.- Amaha, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Ms. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dagarua P.S. Case No. 138 of 2020 instituted for the offences punishable under Sections 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 117 litres of liquor was recovered from auto and motorcycle.

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 that the name of the petitioner has transpired in this case merely

Patna High Court CR. MISC. No.63543 of 2025(3) dt.15-11-2025 2/2 as being the owner of one of the vehicles in question and he had no knowledge regarding the goods loaded in the vehicle. The petitioner is in custody since 16.07.2025 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 Dagarua P.S. Case No. 138 of 2020.

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