Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32527 of 2025 Arising Out of PS. Case No.-247 Year-2024 Thana- BARSOI District- Katihar ====================================================== Raja Yadav S/o Nitai Yadav R/o - Raghunathpur, P.S.- Barsoi, Distt- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 20-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

3. Perusal of the first information report and the seizure list, would go to show that 30.600 liters of foreign liquor is said to have been recovered from a bag kept on a motorcycle which was left at the place of occurrence by the accused persons.

4. It is submitted by learned counsel for the petitioner that the petitioner is neither the owner of the motorcycle nor he was riding the said motorcycle. The name of the petitioner has been disclosed by a local Chowkidar and there is no recovery from the conscious or physical possession of the petitioner. There has also been a violation of the mandatory provisions of

Patna High Court CR. MISC. No.32527 of 2025(2) dt.20-05-2025 2/3 search and seizure as there is no independent witness to the seizure list and the petitioner is in custody since 21.12.2024.

5. Learned APP for the State opposes the prayer for bail on the ground that petitioner has two criminal antecedents of similar nature of the offence. However, it is submitted that the petitioner is on bail in both the cases.

6. Taking into consideration the fact and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Barsoi P.S. Case 247 of 2024, subject to the further condition that:

(i) The petitioner shall cooperate in the investigation/trial.

(ii) The one of the bailors will be a family member/close relative.

(iii) The petitioner would appear before the learned Court below on each and every date till the charges are framed. (iv) The court below shall verify the criminal antecedent of the petitioner and in case it is found that the

Patna High Court CR. MISC. No.32527 of 2025(2) dt.20-05-2025 3/3 petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. (Soni Shrivastava, J) devendra/- U T