Baiju Yadav @ Baiju Kumar @ Baiju Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83394 of 2025 Arising Out of PS. Case No.-301 Year-2020 Thana- KHUSRUPUR District- Patna ====================================================== Baiju Yadav @ Baiju Kumar @ Baiju Kumar Yadav S/O Sule Singh @ Surendra Singh @ Surendra Prasad Resident of Village- Malpur, P.S.- Khusrupur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== 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 Khusrupur P.S. Case No. 301 of 2020 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 1623.045 litres of liquor was recovered from the house of the co-accused as also from one auto and one motorcycle.

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. Learned counsel further submitted

Patna High Court CR. MISC. No.83394 of 2025(2) dt.04-12-2025 2/2 that petitioner is in no manner connected with the vehicle in question or the alleged recovery of liquor. Learned counsel further submitted that a part of the recovery has been recovered the house of the co-accused Tuntun Singh. The petitioner is in custody since 30.10.2025 and has no criminal antecedent. 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 as also 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 Khusrupur P.S. Case No. 301 of 2020.

(Rudra Prakash Mishra, J) Alok Verma/- U T