Shailesh Yadav @ Shailesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75208 of 2025 Arising Out of PS. Case No.-492 Year-2021 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Shailesh Yadav @ Shailesh Kumar Singh S/O Kamta Yadav @ Kamta Singh R/O Village - Masadh, P.S.- Udwantnagar (Gajrajganj), Dist. Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harsh Vardhan, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Udwantnagar (Gajraganj) P.S. Case No. 492 of 2021 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 75 litres of liquor has been recovered from the bank of a river.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.75208 of 2025(2) dt.04-11-2025 2/2 petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 29.08.2025 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP 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 as also 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/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Udwantnagar (Gajraganj) P.S. Case No. 492 of 2021.
(Rudra Prakash Mishra, J) Alok Verma/- U T