Chandeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68780 of 2025 Arising Out of PS. Case No.-467 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Chandeshwar Yadav S/o Late Banwari Ray @ Late Banvari Yadav Resident of village- Shankar saraiya Parsauna, P.S.- Turkauliya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 467 of 2025 for the offence registered under Sections 317(5), 338, 336(3) of the BNS and Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, total 78 litres of illicit Nepalese liquor recovered from a motorcycle in possession of the apprehended co-accused person who disclosed the name of petitioner working as liner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the disclosure statement of co-accused Sandeep Kumar.

Patna High Court CR. MISC. No.68780 of 2025(3) dt.09-10-2025 2/2 Petitioner has no concern with the seized liquor or motorcycle. Nothing has been recovered from the conscious possession of the petitioner. He further submits that the petitioner was neither the driver nor the owner of the seized motorcycle. He was not present on the spot. Petitioner is in jail custody since 21.07.2025, having clean antecedent. Petitioner undertakes to cooperate in the trial of the case.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, Motihari, East Champaran, in connection with Muffasil P.S. Case No. 467 of 2025.

(Sunil Dutta Mishra, J) khushbu/- U T