Dilip Yadav @ Dillip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76160 of 2025 Arising Out of PS. Case No.-126 Year-2025 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== 1.

Dilip Yadav @ Dillip Yadav Son of Radheshyam Yadav @ Radhe Krishan Yadav R/o Village - Jatahi, P.S. - Khutauna, Dist. - Madhubani. 2.

Pappu Kumar Mandal Son of Baidyanath Mandal R/o Village - Tinnipara, P.S. - Khutauna, 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 10-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with GR. No. 528 of 2025 arising out of Bhairavsathan P.S. Case No. 126 of 2025 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 468 litres of liquor was recovered from Scorpio vehicle.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case. No incriminating article has been recovered from the conscious

Patna High Court CR. MISC. No.76160 of 2025(2) dt.10-11-2025 2/2 possession of the petitioners. Learned counsel further submitted that petitioners are not the owner of the vehicle. It is further submitted that petitioner no.1 is the driver of the vehicle in question. The petitioners are in custody since 31.08.2025. Petitioner no. 1 has one criminal antecedent whereas petitioner no. 2 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 petitioners.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with GR. No. 528 of 2025 arising out of Bhairavsathan P.S. Case No. 126 of 2025. (Rudra Prakash Mishra, J) Alok Verma/- U T