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2025 DAILYLAW 18547 (PAT)

Jawahar Yadav v. The State of Bihar

CR. MISC./8852/2025 · 2025-02-18

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8852 of 2025 Arising Out of PS. Case No.-184 Year-2024 Thana- SAHEBPUR KAMAL District- Be- gusarai ====================================================== Jawahar Yadav S/o Late Lakhan Yadav R/o Village- Govindpur Navtolia, PS- Sahebpur, Kamal, District- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vivekanand Singh, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 18-02-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Sahebpur Kamal PS Case No. 184 of 2024 instituted for the offences under Sections 30(a), 30(b) and 30(c) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 120 litres of country made liquor, Gas cylinder, Gas stove, Alu- minium pot was recovered from near the bank of river. 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 recov- ered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of Patna High Court CR. MISC. No.8852 of 2025(2) dt.18-02-2025 2/2 liquor. It is submitted that recovery is made from an open place, which is accessible to one and all. It is further sub- mitted that local chowkidar disclosed the name of the petitioner. The petitioner is in custody since 10.01.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S. 5. Learned A.P.P. for the State has vehemently op- posed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circum- stances of the case, clean antecedent of the petitioner 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 furnish- ing 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 Sahebpur Kamal PS Case No. 184 of 2024. Raj Ranjan/- (Rudra Prakash Mishra, J) U T