Rupak Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42279 of 2025 Arising Out of PS. Case No.-335 Year-2021 Thana- Excise P.S. District- Madhepura ====================================================== Rupak Kumar Yadav S/o Arun Prasad Yadav Village- Mainirahi, Ward No. 11, Madanpur, PS- Bhararhi, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-07-2025 Heard Mr. Bhaskar Shankar, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Excise P.S. Case No. 335 of 2021, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that, 139.56 liters liquor was recovered from Tuniahi Khopati Road.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in 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. Learned counsel for the petitioner also submits that the petitioner was not

Patna High Court CR. MISC. No.42279 of 2025(2) dt.08-07-2025 2/2 arrested on the spot. Name of the petitioner has transpired in this case on the basis of dislcosure made by local persons. It is further submitted that the alleged recovery has been made from street which is an open place and the same is easily accessible to the public at large. The petitioner is in custody since 22.05.2025 and has got one criminal antecedent in which he is on bail. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP 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 furnishing bail bonds of Rs. 10,000/- (Rupees 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. 335 of 2021.

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