Radhe Shyam Thakur @ Radheshyam Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9816 of 2025 Arising Out of PS. Case No.-225 Year-2024 Thana- KHAJAULI District- Madhubani ====================================================== Radhe Shyam Thakur @ Radheshyam Thakur S/o- Satya Narayan Thakur Village- Maharajpur PS-Baboobarhi Distt-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Jha, Advocate For the Opposite Party/s :
Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with G.R. No. 1405 of 2024 arising out of Khajauli PS Case No. 225 of 2024 instituted for the offences under Sections 274, 275 of B.N.S. and 30(a) of the Bihar Prohibition and Excise Act. 3.
The prosecution case, in short, is that total 738 litres of Nepali liquor was recovered from plastic sack near a bank of river.
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.9816 of 2025(2) dt.20-02-2025 2/2 that recovery is made from an open place, which is accessible to one and all. It is further submitted that local chowkidar disclosed the name of the petitioner. The petitioner is in custody since 16.12.2024 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 G.R. No. 1405 of 2024 arising out of Khajauli PS Case No. 225 of 2024. (Rudra Prakash Mishra, J) Raj Ranjan/- U T