Patna High CourtCR. MISC./74716/2025bail granted

Awadhesh Yadav @ Ghutur Yadav @ Ghutar v. The State Of Bihar

2025-11-03Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74716 of 2025 Arising Out of PS. Case No.-38 Year-2024 Thana- SALAIYA District- Aurangabad ====================================================== Awadhesh Yadav @ Ghutur Yadav @ Ghutar S/O Vishun Dev Yadav @ Bishundev Yadav R/O Village- Gajraj Bigha, P.S- Salaiya, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-11-2025 Heard Mr. Aman Vishal, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Salaiya P.S. Case No. 38 of 2024 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 15 litres of liquor has been recovered from hill.

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 petitioner has got no concern with the alleged recovery of

Patna High Court CR. MISC. No.74716 of 2025(2) dt.03-11-2025 2/2 liquor. The petitioner is in custody since 01.09.2025 and has five criminal antecedents. 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 Salaiya P.S. Case No. 38 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T