Sonu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81066 of 2025 Arising Out of PS. Case No.-22 Year-2022 Thana- DULHIN BAZAR District- Patna ====================================================== 1.

Sonu Yadav Son of Bhagat Yadav Resident of Village - Chakiya, P.S.- Bhagwanganj, District - Patna.

2.

Nitish Kumar Son of Ram Ekwal Singh Resident of Village - Chakiya, P.S.- Bhagwanganj, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Dulhin Bazar P.S. Case No. 22 of 2022, instituted for the offences punishable under Sections 272, 273 of the Indian Penal Code, read with Sections 30(a)(c), 32(iii) and 34 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 100 liters liquor was recovered from gallon near bamboo orchard.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have

Patna High Court CR. MISC. No.81066 of 2025(2) dt.27-11-2025 2/2 got no concern with the alleged recovery of liquor. Learned counsel for the petitioners also submits that the alleged recovery has been made from an open place and the same is easily accessible to the public at large. It is further submitted that name of the petitioners have transpired in this case on the basis of disclosure made by local people. The petitioners are in custody since 20.10.2025 and have got no criminal 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 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 Dulhin Bazar P.S. Case No. 22 of 2022.

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