Sanjay Kumar Yadav @ Sanjay Yadav v. The State of Bihar
CR. MISC./48232/2025 · 2025-08-05
R P Mishra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61863 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61863 (PAT) · dailylaw.ai ]
Judgment text
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48232 of 2025 Arising Out of PS. Case No.-374 Year-2023 Thana- SONO District- Jamui ====================================================== Sanjay Kumar Yadav @ Sanjay Yadav S/O Lilo Yadav R/o Vill- Tahakar, P.S.- Charkapatthar, Distt.- Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vikramadit, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sono PS Case No. 374 of 2023 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act and Sections 272 & 273 of the Indian Penal Code (for short ‘IPC’). Earlier vide order 17-01-2025, passed in Cr. Misc. No. 54269 of 2024, anticipatory bail of the petitioner was rejected.
3. The prosecution case, in short, is that 100 liters liquor was recovered, out of which 38.500 liters was recovered from motorcycle, 61.500 liters recovered from jute sack which was thrown.
4.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.48232 of 2025(3) dt.05-08-2025 2/3 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. The petitioner is in custody since 24-04-2025 and has got two criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 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 Sono PS Case No. 374 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the
Patna High Court CR. MISC. No.48232 of 2025(3) dt.05-08-2025 3/3 bail bonds of the petitioner.
Raj Kishore/- (Rudra Prakash Mishra, J) U T