Gulli Yadav @ Ramesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43464 of 2026 Arising Out of PS. Case No.-164 Year-2025 Thana- EXCISE PAKRIBARAWAN DistrictNawada ====================================================== Gulli Yadav @ Ramesh Yadav Son of Krishna Yadav R/o Village - Guaghoghra, P.S.- Kawakole, District - Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-07-2026 Heard Mr.Pramod Kumar Verma,learned counsel for the petitioner and Mr.Shyam Bihari Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 29.05.2026 in connection with Excise Pakribarawan P.S. Case No. 164 of 2025, F.I.R. dated 01.11.2025 registered for the offence punishable under Sections 30(a) and 47 of Bihar Prohibition and Excise Act, 2016.
3. Recovery is of 200 liters of country made liquor.
4. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. It appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the
Patna High Court CR. MISC. No.43464 of 2026(2) dt.07-07-2026 2/3 motorcycles in question. Name of the petitioner has been transpired during investigation on the basis of the disclosure made by the co-accused person, namely, Virendra Kumar and except the aforesaid, nothing has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the petitioner is in custody since 29.05.2026.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries sixteen more cases other than the present one but he fairly submits that out of sixteen cases, the petitioner is on bail in 14 cases, in one case, the petitioner has been acquitted and rest one case is pending for consideration before the competent court of law, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, noting has been recovered from conscious possession of the petitioner rather the recovery has been made from the motorcycles in question, name of the petitioner has been transpired during investigation on the basis of the disclosure made by the apprehended co-accused person, namely, Virendra Kumar, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.43464 of 2026(2) dt.07-07-2026 3/3 each to the satisfaction of learned Exclusive Special Court, Excise-2, Nawada in connection with Excise Pakribarawan P.S. Case No. 164 of 2025, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T