Patna High CourtCR. MISC./1014/2025bail granted

Ram Narayan Yadav @ Ramnarayan Yadav v. The State Of Bihar

2025-01-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1014 of 2025 Arising Out of PS. Case No.-252 Year-2024 Thana- Excise P.S. District- Bhojpur ====================================================== Ram Narayan Yadav @ Ramnarayan Yadav S/o- Late Kedarnath Yadav Village- Sihachawar Sinhachawar Kala P.S-Gadwar Garwar District- Ballia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise Sadar P.S. (Bhojpur) case No. 252 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 138.6 liters liquor was recovered from car.

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 submitted that the petitioner was passenger sitting in the vehicle

Patna High Court CR. MISC. No.1014 of 2025(2) dt.20-01-2025 2/2 and had no knowledge regarding the goods loaded in the vehicle in question. The petitioner is not indulged in any kind of manufacturing or trade of any kind of liquor. The petitioner is in custody since 07.12.2024 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 Excise Sadar P.S. (Bhojpur) case No. 252 of 2024.

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