Mukesh Yadav @ Mukesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71711 of 2025 Arising Out of PS. Case No.-209 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== Mukesh Yadav @ Mukesh Kumar Yadav S/o- Kishori Yadav VillageBirbalbigha P.S.-Belaganj District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithivi Raj Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.

3. There is recovery of 20 litres illicit liquor from the possession of co-accused Rajesh Kumar near the bank of Falgu river who disclosed the name of six co-accused as fled away persons from the spot on seeing the police team.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to political rivalry with co-accused Rajesh Kumar who was arrested on the spot. The apprehended accused disclosed the name of the petitioner. Petitioner was neither present on the spot

Patna High Court CR. MISC. No.71711 of 2025(2) dt.09-10-2025 2/2 nor he has any concern with the seized liquor. Nothing has been recovered from conscious possession of the petitioner. The alleged recovery has been made from the bank of Falgu river which is open place accessible to anyone. Petitioner has one criminal antecedent of the year 2011, in which he is on bail. After receiving the information about the present case, the petitioner himself surrendered before the Court concerned on 25.08.2025 and since then he is in custody and he undertakes to cooperate in the investigation and 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, Gaya in connection with Belaganj P.S. Case No.209 of 2018.

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