Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66042 of 2025 Arising Out of PS. Case No.-379 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== Vijay Yadav, S/o- Prayag Yadav, Resident of Village- Noneya, Kachahari Tola, P.S.- Pahadpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Nautan P.S. Case No. 379 of 2025 registered for the alleged offence under Section 30 (a) of the Bihar Prohibition Act and Excise Act.

3. As per prosecution case, recovery of 127.95 liters of foreign liquor/beer was made from a car being driven by the petitioner.

4. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and the recovery has been planted. There is complete violation of Section 103 of BNSS regarding search and seizure. The registered owner of the car is Chandan Kumar, but he has sold

Patna High Court CR. MISC. No.66042 of 2025(2) dt.24-09-2025 2/3 the car to Prayag Yadav, the father of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is in custody since 02.08.2025 and is having antecedent of one case of different nature.

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

6. Having regard to the facts and circumstances and submissions made hereinabove and considering the period of custody of the petitioner, the petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (Excise) 1st, Bettiah, West Champaran/ court concerned, in connection with Nautan P.S. Case No. 379 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also the following conditions :

(i) One of the bailors will be the close 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

Patna High Court CR. MISC. No.66042 of 2025(2) dt.24-09-2025 3/3 cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T