Dheeraj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82167 of 2025 Arising Out of PS. Case No.-202 Year-2025 Thana- ARER District- Madhubani ====================================================== Dheeraj Kumar Yadav Son of Shankar Yadav Resident of Village- Ektara, P.S.- Arer, District- Madhubani, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Arer PS Case No. 202 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 & 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3.
The prosecution case, in short, is that 90 liters Nepali liquor was recovered from motorcycle.
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 has got no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.82167 of 2025(2) dt.02-12-2025 2/2 that petitioner is not the owner of the motorcycle in question and he has no concern with the same. The petitioner is in custody since 22.10.2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 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 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 Arer PS Case No. 202 of 2025.
(Rudra Prakash Mishra, J) Raj Kishore/- U T