Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15215 of 2025 Arising Out of PS. Case No.-254 Year-2024 Thana- RAHIKA District- Madhubani ====================================================== Ramesh Yadav Son of Rajendra Yadav Resident of Village - Kakraul, P.S. - Rahika, District-Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Baidhyanath Thakur, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-03-2025 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 295.205 litres of liquor in which 180 litres of liqour was recovered from Car and 94.5 litres of liquor was recovered from behind the house of the petitioner and 20.705 litres of liqour was recovered from Shop.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.15215 of 2025(2) dt.05-03-2025 2/3 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 recovery is made from an open place, which is accessible to one and all. It is further submitted that the name of the petitioner has transpired on the basis of confessional statement of apprehended coaccused persons. It is next submitted that car and shop do not belong to the petitioner. The petitioner is in custody since 21.12.2024 and has got 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 by this Court vide orders dated 12.02.2025 and 17.02.2025 in Cr. Misc. Nos. 6511 of 2025 and 7997 of 2025. 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

Patna High Court CR. MISC. No.15215 of 2025(2) dt.05-03-2025 3/3 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 P.S. Case No. 254 of 2024.

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