Kaliya Yadav @ Rajesh Yadav @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33527 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- Bhopatpur District- East Champaran ====================================================== Kaliya Yadav @ Rajesh Yadav @ Rajesh Kumar S/o Surat Rai R/o VillageBhopatpur Bajhia Kala, P.S.- Bhopatpur, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Kumar Barnwal, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 26-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Bhopatpur P.S. Case No. 22 of 2025 registered for the offences punishable under Sections 30(a), 32, 41(1) of the Bihar Prohibition and Excise Act.

3. Recovery of 50 litres of country made liquor has been made from a plastic bag which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He has got no criminal antecedent. He has no concern with the alleged recovery or with the place of occurrence. The name of the petitioner has been disclosed in this case by the chowkidaar, which has got no evidentiary value in the eye of

Patna High Court CR. MISC. No.33527 of 2025(2) dt.26-05-2025 2/2 law. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Petitioner is in custody since 19.03.2025.

5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

6. Keeping in view the aforesaid facts and considering the period under custody, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1, East Champaran in connection with Bhopatpur P.S. Case No. 22 of 2025 subject to the following conditions :- (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court. (ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T