Patna High CourtCR. MISC./545/2025bail granted

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

2025-01-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.545 of 2025 Arising Out of PS. Case No.-255 Year-2024 Thana- DORIGANJ District- Saran ====================================================== Amin Kumar Yadav @ Amin Kumar S/O Mahanand Rai R/O Village - Balwan Tola, P.S- Doriganj, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and Ms. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in Doriganj P.S. case No. 255 of 2024 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 300 liters liquor was recovered out of which 200 liters liquor was recovered from the shop of the petitioner.

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

Patna High Court CR. MISC. No.545 of 2025(2) dt.18-01-2025 2/2 further submitted that recovery of mahua liquor is made near the shop of the petitioner. The petitioner is in custody since 17.10.2024 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 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.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Doriganj P.S. case No. 255 of 2024.

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