Yadulal Rai @ Yadolal Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25964 of 2025 Arising Out of PS. Case No.-26 Year-2025 Thana- RAJEPUR District- East Champaran ====================================================== Yadulal Rai @ Yadolal Ray S/o- Ramdhar Rai Village- Tajpur Saraiya PsRajepur Dist- East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Suraj Kumar Tiwari, Advocate For the State :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Rajepur P.S. Case No.26 of 2025, dated.14.02.2025 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per allegation, 198 litre of illicit liquor has been recovered from two vehicles.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that neither the vehicles belongs to the petitioner nor any recovery has been made from his possession or from his house. He also submits that the name of the
Patna High Court CR. MISC. No.25964 of 2025(2) dt.07-05-2025 2/3 petitioner has transpired only in the confessional statement of the co-accused which has no evidentiary value.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court, in connection with Rajepur P.S. Case No.26 of 2025, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after
Patna High Court CR. MISC. No.25964 of 2025(2) dt.07-05-2025 3/3 hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T