Vinod Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88643 of 2024 Arising Out of PS. Case No.-226 Year-2024 Thana- KHAJAULI District- Madhubani ====================================================== Vinod Kumar Yadav son of Ram Kripal Yadav village - Kasma marar, Ward no. 5, p.s. - khajauli, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumari Pallavi, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Khajauli P.S. Case No. 226 of 2024 instituted for the offences punishable under Sections 274, 275, 3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 360 litres of liquor has been recovered out of which 225 litres has been recovered from newly constructed house of the petitioner.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner rather the recovery has been made
Patna High Court CR. MISC. No.88643 of 2024(2) dt.08-01-2025 2/2 from newly constructed house where no one resides and the said place is accessible to local people. The petitioner has got no concern with the alleged recovery of liquor. The petitioner is in custody since 26.10.2024 and has three criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika 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. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khajauli P.S. Case No. 226 of 2024.
(Rudra Prakash Mishra, J) Alok Verma/- U T