Patna High CourtCR. MISC./64141/2025bail granted

Mintu Yadav v. The State Of Bihar

2025-09-23Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64141 of 2025 Arising Out of PS. Case No.-558 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Mintu Yadav S/o Kuldip Yadav R/o Village- Mangodih, Gangatiya, PSRajauli, Distt.- Nawada (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Excise P.S. Case No. 558 of 2025 registered for the offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.

3. As per prosecution case, petitioner was apprehended transporting 100 litres of country made chulai liquor. His associates fled away leaving behind his motorcycle on which 100 litres of country made liquor was loaded.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of this petitioner.

Patna High Court CR. MISC. No.64141 of 2025(2) dt.23-09-2025 2/3 Seizure list has not been prepared in accordance with law and there is no independent witness to the seizure list. Petitioner was not arrested with the motorcycle and the police arrested the petitioner after chasing him. Petitioner is the sole bread earner of his family. Petitioner has no concern with the seized liquor. Petitioner never indulged in the trade of illicit liquor. Petitioner is having no criminal antecedent and he is in custody since 11.08.2025 and charge-sheet has been submitted.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner as well as his clean antecedent and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, Excise-2, Gaya/concerned court in connection with Excise P.S. Case No. 558 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close

Patna High Court CR. MISC. No.64141 of 2025(2) dt.23-09-2025 3/3 relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T