Ashok Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69377 of 2025 Arising Out of PS. Case No.-174 Year-2025 Thana- BHAPTIAHI District- Supaul ====================================================== 1.
Ashok Yadav S/O Shri Ramu Yadav R/O Vill.- Murli, Ward No. 5, P.s.- Bhaptiyahi, District- Supaul 2.
Anmol Kumar S/O Shri Jageshwar Yadav R/O Vill.- Murli, Ward No. 5, P.s.- Bhaptiyahi, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra, Adv.
For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-09-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners has prayed for bail in connection with S.T. Excise Case No. 772 of 2025 arising out of Bhaptiyahi P.S. Case No. 174 of 2025 registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a bike on which the petitioners were riding, a total of 131.4 liters of Nepali country-made liquor was recovered.
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. He also submits that the petitioners have been framed in this case. It has also been submitted that from perusal of the seizure list, it will
Patna High Court CR. MISC. No.69377 of 2025(2) dt.25-09-2025 2/2 transpire that the seizure list witnesses are police personnel which has no evidentiary value in the eye of law. Nothing has been recovered from the possession of these petitioners. He further submits that the petitioners are languishing in judicial custody since 06.08.2025.
5. The application for bail is opposed by learned APP for the State and submits that the petitioner no. 1 namely, Ashok Yadav has criminal antecedent of one case whereas petitioner no. 2 namely, Anmol Kumar is having no criminal antecedent.
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 Exclusive Special Judge, Excise Court No. 1, Supaul in connection with S.T. Excise P.S. Case No. 772 of 2025 arising out of Bhatiyahi P.S. Case No. 174 of 2025 with a condition that the petitioner no. 1 namely, Ashok Yadav shall not indulge in similar nature of offences in future.
(Ashok Kumar Pandey, J) Sudhanshu/- U T