Dipesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69188 of 2025 Arising Out of PS. Case No.-109 Year-2025 Thana- FULKAHA District- Araria ====================================================== Dipesh Kumar Yadav S/o Sri Kishundeo Yadav Resident of village - Fari Koshikapur, ward no. 7, P.S.- Narpatganj, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The petitioner and other co-accused were arrested on the spot and on search, 216 litres illicit liquor was recovered from the motorcycle which is registered in the name of petitioner's mother.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner is not the owner of motorcycle in question. Nothing has been recovered from conscious possession of the petitioner. Petitioner has no concern either with the seized liquor or the seized motorcycle. There is no independent witness of the
Patna High Court CR. MISC. No.69188 of 2025(2) dt.24-09-2025 2/2 seizure list. Charge sheet has already been submitted after investigation and there is no chance of tampering with the evidence or absconding the petitioner. Learned counsel for the petitioner submits that petitioner is in jail since 02.08.2025 (although wrongly mentioned as 05.08.2025 in the bail petition) having no criminal antecedent and he undertakes to cooperate in the trial.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case, the submissions of the parties and period of custody, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Araria in connection with Fulkaha P.S. Case No.109 of 2025.
(Sunil Dutta Mishra, J) Harish/- U T