Indal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79760 of 2025 Arising Out of PS. Case No.-103 Year-2025 Thana- SRINAGAR District- West Champaran ====================================================== Indal Yadav S/O Ram Prasad Yadav R/O Vill.- Baijua Alpha Ward No.- 03, P.S- Srinagar, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv For the Opposite Party/s :

Mr. Meena Singh, 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 Srinagar Police Station Case No. 103 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

3. The prosecution case, in short, is that 234.9 liters liquor and country made pistol was recovered from Tractor. Petitioner was arrested on spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No

Patna High Court CR. MISC. No.79760 of 2025(2) dt.25-11-2025 2/3 incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that petitioner is not owner of the seized Tractor. It is also submitted that the petitioner has no concerned with seized country made Pistol. The petitioner is in custody since 28.04.2025 and has got clean antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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 and 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, after framing of charge, if not already framed, 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 Srinagar Police Station Case No. 103 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.79760 of 2025(2) dt.25-11-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) krishnakant/- U T