Maheshwar Yadav @ Maheshwar Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73643 of 2025 Arising Out of PS. Case No.-9 Year-2025 Thana- LAUKAHA District- Madhubani ====================================================== Maheshwar Yadav @ Maheshwar Prasad Yadav Son of Kishun Yadav R/o Village - Pathrahi, P.S. - Laukaha, Dist. - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with G.R. No. 58 of 2025 arising out of Laukaha P.S. Case No. 9 of 2025 instituted for the offences punishable under Sections 274, 275 of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.

3. Earlier, vide order dated 16.04.2025 passed in Cr. Misc. No. 19408 of 2025, the prayer of the petitioner for grant of anticipatory bail was rejected by this Court.

4. The prosecution case, in short, is that total 180 litres of liquor has been recovered from the back side of the house.

5. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.73643 of 2025(2) dt.25-11-2025 2/2 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 the back side of the house and the same is an open place which is accessible to public at large. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 09.09.2025 and has three criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

6. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. 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.

8. 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 G.R. No. 58 of 2025 arising out of Laukaha P.S. Case No. 9 of 2025. (Rudra Prakash Mishra, J) Alok Verma/- U T