Rajan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47565 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- SANDESH District- Bhojpur ====================================================== Rajan Yadav, Male, aged about 20 years, S/O Nakul Yadav, R/O Vill.- Narayanpur, P.S.- Sandesh, Dist.- Bhojpur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shiv Prasad Gupta, Advocate For the Opposite Party :
Mr. Shailendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sandesh P.S. Case No. 69 of 2025 dated 22.03.2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution case, total 90 litres of illicit country made liquor was recovered from the motorcycle of the petitioner.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner was not arrested on the spot and he was arrested after three months of the alleged
Patna High Court CR. MISC. No.47565 of 2025(2) dt.21-07-2025 2/2 occurrence on the basis of disclosure made by the local labourers who have inimical terms with the petitioner. No incriminating article has been recovered from the possession of the petitioner. The motorcycle in question from which the alleged illicit liquor was recovered does not belong to the petitioner. The petitioner has also no connection with the seized illegal liquor. There is no statutory compliance of Section 102 of the B.N.S.S., 2023. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 04.06.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise, Excise Court-II, Bhojpur at Ara in connection with Sandesh P.S. Case No. 69 of 2025.
7. The application stands allowed.
U.K./- (Chandra Prakash Singh, J) U T