Shiv Narayan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65065 of 2025 Arising Out of PS. Case No.-282 Year-2025 Thana- Excise P.S. District- Buxar ====================================================== 1.
Shiv Narayan Yadav S/O Sri Shrikant Yadav R/O Village- Sarya, P.SSarailakhansingh, District- Mau (UP). 2.
Brijesh Yadav S/O Sri Chhotu Yadav R/O Village- Sarya, P.SSarailakhansingh, District- Mau (UP). 3.
Golu Yadav S/O Shri Sakhraj Yadav R/O Village- Sarya, P.SSarailakhansingh, District- Mau (UP). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhay Kumar Upadhyay For the Opposite Party/s :
Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have prayed for bail in connection with Excise Buxar P.S. Case No. 282 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that, total 423 liters of country-made liquor was recovered from a truck.
4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. They have been falsely implicated in this case. Learned counsel for the petitioners also submits that
Patna High Court CR. MISC. No.65065 of 2025(2) dt.23-09-2025 2/2 petitioner no. 1 is the driver and rest of the two petitioners are codrivers. He also submits that the petitioners are unaware of the said recovery. Nothing has been recovered from their possession. From perusal of the seizure list, it will transpire that the witnesses of the seizure list are police personnel and that even the truck number is also not there in the seizure list. He further submits that a statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Moreover, these Petitioners are languishing in judicial custody since 23.07.2025.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court of Special Judge, Excise Court-II, Buxar in connection with Excise P.S. Buxar Case No. 282 of 2025.
(Ashok Kumar Pandey, J) Sudhanshu/- U T