Rakesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52868 of 2025 Arising Out of PS. Case No.-295 Year-2025 Thana- BAHADURGANJ District- Kishanganj ====================================================== 1.
Rakesh Yadav S/o Satya Narayan Yadav R/o Vill.- Sohandar, PS- Palasi, District- Araria 2.
Binod Pandit S/o Fuleshwar Pandit R/o Vill.- Bhangama, PS- Palasi, District- Araria ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Bahadurganj P.S. Case No. 295/2025, Special Case No. 177/2025 dated 04.07.2025 registered for the offence punishable u/s 30(a), 32, 34, 36, 41(1) and 45 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 383.835 llitres of illicit foreign liquor was recovered from the car.
4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. As per para. 9 of the bail petition, the
Patna High Court CR. MISC. No.52868 of 2025(2) dt.05-08-2025 2/2 petitioners are neither the owner nor the driver of the said vehicle. The petitioners have no concern with the alleged recovery. Nothing has been recovered from the possession of the petitioners. The petitioner no. 2 has one antecedent whereas the petitioner no. 1 has no antecedent as stated in para 3 of the bail petition. The petitioners are in custody since 04.07.2025.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Kishanganj, in connection with Bahadurganj P.S. Case No. 295/2025, Special Case No. 177/2025.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T