Radheshyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7997 of 2025 Arising Out of PS. Case No.-254 Year-2024 Thana- RAHIKA District- Madhubani ====================================================== Radheshyam Yadav S/o- Mahendra Yadav R/o - Vabhnagri, P.S - Rahika, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rahika PS Case No. 254 of 2024 instituted for the offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 115.365 litres of liquor was recovered from the shop and house 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 submitted

Patna High Court CR. MISC. No.7997 of 2025(2) dt.17-02-2025 2/2 that apprehended co-accused disclosed the name of the petitioner. It is further submitted that the so-called wine was recovered from the surrounding of the house of the petitioner, which is an open place and accessible to one and all. The petitioner is in custody since 09.12.2024 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S.

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 Rahika PS Case No. 254 of 2024.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T