Raja Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7607 of 2025 Arising Out of PS. Case No.-932 Year-2024 Thana- Excise P.S. District- Bhagalpur ====================================================== Raja Yadav S/O Karu Yadav R/O - Urdu Bazar, P.S-. Tatarpur, DistrictBhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Upadhyaya, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Excise (Sadar) P.S. Case No. 932 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 568.800 litres of foreign liquor was recovered from truck and two tempo.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. Petitioner has no knowledge and concern with
Patna High Court CR. MISC. No.7607 of 2025(2) dt.07-02-2025 2/3 the alleged recovery. Nothing incriminating has been recovered from the conscious possession of the petitioner. It is submitted that the name of the petitioner has transpired as being owner of the seized Tempo bearing Registration No. BR-10GPA-639 and he had given it to one Pintu (driver) to run his Tempo and he has no knowledge regarding the nature of goods laden in the vehicle. The petitioner has one criminal antecedent in which he is on bail. There is no compliance of Section 103 of B.N.S.S. Other co-accused has been granted regular bail passed by this Court vide order dated 28.01.2025 in Cr. Misc. No. 425 of 2025.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the rival submissions made by the learned counsel for the parties, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.7607 of 2025(2) dt.07-02-2025 3/3 learned court below where the case is pending/successor court in connection with Excise (Sadar) P.S. Case No. 932 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T