Patna High CourtCR. MISC./84291/2025bail granted

Umesh Yadav v. The State Of Bihar

2025-12-04Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84291 of 2025 Arising Out of PS. Case No.-959 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Umesh Yadav S/O Suday Yadav Resident of village- Amarpur Bighah, P.S.- Kutuma Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Aurangabad Excise P.S. Case No. 959 of 2025, instituted for the offences punishable under Sections 30(a), 32(3) and 37 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 120 litres of country made 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. The petitioner is not owner of the vehicle. The alleged recovery has been planted

Patna High Court CR. MISC. No.84291 of 2025(2) dt.04-12-2025 2/2 in this case. The petitioner is in custody since 12.09.2025 and has 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 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/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Aurangabad Excise P.S. Case No. 959 of 2025.

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