Bipin Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 66455 of 2025 Arising Out of PS. Case No.-406 Year-2025 Thana- RAJAOLI District- Nawada ====================================================== Awdhesh Yadav aged about 22 years, male, son of Dilip Yadav @ Dilip Prasad R/o vill. Bhaiji Bhitta PS Rajauli Dist. Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 66641 of 2025 Arising Out of PS. Case No.-406 Year-2025 Thana- RAJAOLI District- Nawada ====================================================== Bipin Yadav Aged 26 years, Male son of Rambalak Yadav R/o vill. Barwa, P.S.Rajouli Dist. Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 66455 of 2025) For the Petitioner/s :
Mr. Nidhi Anand, Adv.
For the Opposite Party/s :
Ms.Shaheen Begum APP (In CRIMINAL MISCELLANEOUS No. 66641 of 2025) For the Petitioner/s :
Mr.Man Mohan Kumar, Adv.
For the Opposite Party/s :
Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-09-2025 Both cases have been taken up and heard together as they arise out of the same PS Case number and are disposed of by this common order.
2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
3. The petitioners apprehend arrest in connection with
2/4 Rajauli P.S. Case No. 406 of 2025 dated 24-07-2025, instituted under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
4. The allegation is of recovery of 510 litres of illicit country-made Mahua liquor and two motorcycles near Bhadra Dam, P.S. Rajouli, District. Nawada.
5. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. It is further submitted that the alleged recovery of illicit liquor was made from an open area near Bhadra Dam, which is accessible to the public at large. It is also submitted that the petitioners were not apprehended at the spot and they have been implicated merely on the basis of a disclosure made by the local chowkidar. It is further contended that the petitioners have no concern whatsoever with the seized illicit liquor or the seized motorcycles. Lastly, it is submitted that the petitioner in Cr. Misc. No. 66455 of 2025 has no criminal antecedents, whereas the petitioner in Cr. Misc. No. 66641 of 2025 has one criminal case of a similar nature, in which he has already been granted bail.
6. Learned APP has opposed the prayer for bail.
7. Having considered the facts and circumstances of
3/4 the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners in both the cases be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court, Excise 2, Nawada, in Rajauli P.S. Case No. 406 of 2025, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023 and further that in the case of petitioner, namely Bipin Yadav in Cr. Misc. No.
4/4 case, the prosecution will be at liberty to move for cancellation of bail.
8. The applications stand allowed.
(Khatim Reza, J) shyambihari/- U