Shankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81339 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== Shankar Yadav S/o Late Dasrath Singh @ Late Dasrath Yadav R/o Village - Kanchanpur Tola, Gajadhar Bigha, P.S - Narari Kala Khurd, District - 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 :
Mr.Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Narari Kala Khurd P.S. case No. 80 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 132 liters liquor was recovered from from the field and the 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. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner
Patna High Court CR. MISC. No.81339 of 2025(2) dt.27-11-2025 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that recovery is made from an open place accessible to public at large. The petitioner is in custody since 07.09.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. 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, clean antecedent 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 on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Narari Kala Khurd P.S. case No. 80 of 2025.
(Rudra Prakash Mishra, J) Pankaj/- U T