Ramesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22551 of 2025 Arising Out of PS. Case No.-268 Year-2025 Thana- Excise P.S. District- East Champaran ====================================================== Ramesh Kumar Yadav S/O Nandu Rai @ Nandu Ray R/O Vill.- Chailaha Parariya Ward No. 4, P.S.- Banjariya, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar Tiwari, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 268 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

3. As per prosecution case, the police has recovered 313 liters of illicit country-made liquor from the Mahindra Bolero vehicle. The petitioner was arrested on the spot.

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. As per allegation, the petitioner is the driver of

Patna High Court CR. MISC. No.22551 of 2025(2) dt.15-04-2025 2/3 the alleged car. The petitioner is not the owner of the said seized Mahindra Bolero vehicle rather the owner of the same is one Mr. Rajan Kumar on whose instance, the petitioner was using to drive the alleged car. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner was not aware of the contents of the material loaded in the alleged car. There is a non-compliance of Section 103 of the B.N.S.S. which creates a serious doubt in the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 22.02.2025 without any rhymes or reason.

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. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on

Patna High Court CR. MISC. No.22551 of 2025(2) dt.15-04-2025 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 Excise P.S. Case No. 268 of 2025.

(Rudra Prakash Mishra, J) rishi/- U T