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2025 DAILYLAW 29664 (PAT)

Baidyanath Bhagat v. The State of Bihar

CR. MISC./24337/2025 · 2025-04-23

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24337 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- PAKRIDAYAL District- East Champaran ====================================================== Baidyanath Bhagat S/o Jaldhari Bhagat Resident of Village-Majhar, Jokhan Tola, Police Station- Pakridayal, District-East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shakil Ahmad Khan, Advocate For the Opposite Party/s : Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 23-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in Pakaridayal P.S. case No. 17 of 2025 instituted for the offences under Sections 30(a), 30(b), 30(c) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that 190 liters liquor was recovered out of which 150 liters liquor along with aluminium utensils and gas cylinder was recovered from the gowas of co-accused. The petitioner was arrested on spot. 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 Patna High Court CR. MISC. No.24337 of 2025(2) dt.23-04-2025 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that recovery is made from the gowas of co- accused Harendra Sahni. The petitioner is nowhere concerned with that place. The petitioner is in custody since 15.01.2025 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, clean antecedent 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 Pakaridayal P.S. case No. 17 of 2025. Pankaj/- (Rudra Prakash Mishra, J) U T