Dudhnath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70855 of 2025 Arising Out of PS. Case No.-135 Year-2025 Thana- SRINAGAR District- West Champaran ====================================================== Dudhnath Yadav Son of Late Bhikham Yadav Resident of village -Singahi Mashan Dhab Tola, Bhagwanpur PS -Srinagar District -west champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Srinagar PS Case No.135 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. 3.

The prosecution case, in short, is that 32.2 liters liquor was recovered from house of the petitioner along with two motorcycles.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted

Patna High Court CR. MISC. No.70855 of 2025(3) dt.15-11-2025 2/2 that petitioner is not the owner of the motorcycles in question and he has no concern with the same. It is next submitted that recovery is made from the joint house of the petitioner, where other family members also reside. The petitioner is in custody since 13.08.2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Srinagar PS Case No.135 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T