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Patna High CourtCR. MISC./68689/2025allowed

Jay Kumar Yadav v. The State Of Bihar

2025-09-24Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68689 of 2025 Arising Out of PS. Case No.-114 Year-2025 Thana- MADHWAPUR District- Madhubani ====================================================== Jay Kumar Yadav S/o Bhogendra Yadav R/o Village- Bairba, P.O.- Saharghat, P.S.- Madhwapur, District- Madhubani, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and Mr. Shyam Bihari Singh, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 274, 275 and 3(5) of the BNS and under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a bike 70 liters of Nepali country made liquor was recovered.

4. Learned counsel for the petitioner has submitted that the petitioner was the pillion on that bike. Learned counsel has further submitted that the petitioner was having no knowledge about the illicit liquor and the petitioner is languishing in judicial custody since 19.08.2025.

5. Learned Additional Public Prosecutor for the State

Patna High Court CR. MISC. No.68689 of 2025(2) dt.24-09-2025 2/2 has vehemently opposed the prayer of bail to the petitioner and submitted that the petitioner is having criminal antecedent of two cases of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail with a condition that the petitioner shall not indulge in similar nature of offences in future. The above named petitioner is directed to be released on bail in connection with Madhwapur P.S. Case No. 114 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Act, Madhubani. (Ashok Kumar Pandey, J) durgesh/- U T