Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8047 of 2025 Arising Out of PS. Case No.-291 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== Raj Kumar Yadav, aged about 34 years, Gender-Male, S/o Sudama Yadav, Resident of Village - Shyam Nagar, Bhainsahi, P.S. - Manjhagarh, District - Gopalganj ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party :

Mr. Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Manjhagarh P.S. Case No. 291 of 2024 dated 29.09.2024 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, total 243 litres of foreign liquor is said to have been recovered from an abandoned house of one Bira Chaudhary.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. He was not arrested on the spot. No incriminating article has been recovered from his possession. The said

Patna High Court CR. MISC. No.8047 of 2025(2) dt.27-03-2025 2/3 recovery of illegal liquor was made from an abandoned house of one Bira Chaudhary which is situated at an open place and the same does not belong to the petitioner. His name has come in the present case on the basis of disclosure made by the local villager and the Mahal Chaukidar but the name of the local villager has not been disclosed in the F.I.R. He has no concern with the alleged offence. There is no compliance of Section 103 of the B.N.S.S. It is further submitted that the other co-accused person, namely, Sudama Yadav, has already been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 80140 of 2024 under order dated 20.11.2024, annexed as Annexure-P/2 to the present bail petition. The petitioner has four criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail petition. The petitioner is in custody in this case since 15.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional

Patna High Court CR. MISC. No.8047 of 2025(2) dt.27-03-2025 3/3 Sessions Judge-XIII-cum-Special Excise-I, Gopalganj in connection with Manjhagarh P.S. Case No. 291 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T